(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Journal of the Senate of the General Assembly of the state of North Carolina at its .."

Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo19nort_7 



N.C. DOCUMENTS 
CLEARINGHOUSE 

MAY 4 1993 

N.C. STATE LtBRARY 
RALEIGH 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



EXTRA SESSION 

1991 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1991 GENERAL ASSEMBLY 

EXTRA SESSION 

DECEMBER-1991 

JAMES C. GARDNER, President Rocky Mount 

HENSON P. BARNES, President Pro Tempore Goldsboro 

KENNETH C. ROYALL, JR. , Deputy President Pro Tempore Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR. , Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Cary 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 FRANK W. BALLANCE, JR Warrenton 

3 BEVERLY M. PERDUE New Bern 

4 B. TOMMY POLLARD Jacksonville 

5 WENDELL HOLMES MURPHY Rose Hill 

6 R. L. MARTIN Bethel 

7 FRANKLIN L. BLOCK Wilmington 

8 HENSON P. BARNES Goldsboro 

9 ED N. WARREN Greenville 

10 ROY A. COOPER III Rocky Mount 

1 1 JAMES D. SPEED Louisburg 

12 JOSEPH B. RAYNOR Fayetteville 

LURA S. TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILLIAM W. STATON Sanford 

J. K. SHERRON, JR Raleigh 

15 N. LEO DAUGHTRY Smithfield 

16 RUSSELL G. WALKER Asheboro 

HOWARD N. LEE Chapel Hill 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 MARVIN M. WARD Winston-Salem 

I. T. KAPLAN Lewisville 

21 GEORGE B. DANIEL Yanceyville 

22 FLETCHER L. HARTSELL, JR Concord 

23 PAUL S. SMITH Salisbury 

BETSY L. COCHRANE Advance 

24 WILLIAM D. GOLDSTON, JR Eden 

A. P. SANDS III Reidsville 

25 JOHN CARTER Lincolnton 

JAMES FORRESTER Stanley 

HELEN RHYNE MARVIN Gastonia 

26 AUSTIN M. ALLRAN Hickory 

HOWARD F. BRYAN Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL R. SIMPSON Morganton 

28 HERBERT LEE HYDE Asheville 

DENNIS J. WINNER Asheville 

29 CLARK PLEXICO Hendersonville 

ROBERT C. CARPENTER Franklin 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 MARY P. SEYMOUR Greensboro 

33 JAMES F. RICHARDSON Charlotte 

34 T.L. ODOM Charlotte 

35 JOHN GERALD BLACKMON Charlotte 



SENATE JOURNAL 

EXTRA SESSION 
DECEMBER-1991 



FIRST DAY 

Senate Chamber, 

Monday, December 30, 1991. 

In accordance with law, as set forth in the Constitution of the State of North Carolina 
and pursuant to the Proclamation issued by the Governor on December 20, 1991, the 
Senate of the North Carolina General Assembly convenes in Extra Session at the hour of 
10:00 A.M. in the Senate Chamber in the Legislative Building in the City of Raleigh. 

The Honorable James C. Gardner, Lieutenant Governor and President of the Senate, 
presides and calls the Senate to order. 

Prayer is offered by the Reverend Steve Lucas, Senate Chaplain, as follows: 

"Father, we are still living in the mood and the memories of Christmas and Hanukkah, 
and we are grateful for the light and laughter these seasons bring to us. We are grateful 
for events that happened so many centuries ago that are so sacred and so liberating that 
today we are still moved intellectually, emotionally, and spiritually by the meaning of 
these events. 

"Father, please do not allow us to convince ourselves that the work You have for us to 
do here in this Chamber, and in government in general, is any less sacred than the mean- 
ing of the holiday seasons. Remind us that peace on earth and good will toward women 
and men only has meaning when it is a lived reality in our lives, our work, and our 
relationships . Amen . " 

Led by the Lieutenant Governor, members and guests remain standing and pledge 
allegiance to the United States of America. 

The President lays before the Senate the Proclamation issued by Governor James G. 
Martin, December 20, 1991, as follows: 



STATE OF NORTH CAROLINA 



JAMES G. MARTIN 
GOVERNOR 



PROCLAMATION 

I. REDISTRICTING: 

The North Carolina Constitution, Article II, Section 3, requires that the "General 
Assembly, at the first regular session convening after the return of every decennial census 
of population taken by order of Congress, shall revise the Senate districts and the appor- 
tionment of Senators among those districts " 

Pursuant to the foregoing requirement, the 1991 General Assembly enacted Chapter 
676 of the 1991 Sessions Laws setting forth Senate districts and the apportionment of 
Senators among those districts. 



December 30, 1991 



6 SENATE JOURNAL [Extra Session 

The North Carolina Constitution, Article II, Section 5, requires that the "General 
Assembly, at the first regular session convening after the return of every decennial census 
of population taken by order of Congress, shall revise the representative districts and the 
apportionment of Representatives among those districts " 

Pursuant to the foregoing requirement, the 1991 General Assembly enacted Chapter 
675 of the 1991 Session Laws setting forth Representative districts and the apportion- 
ment of Representatives among those districts. 

The Constitution of the United States, Article I, §2, as amended by Amendment XIV, 
provides that members of the United States House of Representatives shall be appor- 
tioned among the several states according to their respective numbers as determined 
every ten years in such manner as the Congress shall by law direct. 

Pursuant to the foregoing requirement, a census was taken in 1990 and as a result 
thereof the State of North Carolina is entitled to twelve members of Congress for the 
period of the next ten years. North Carolina law provides that the North Carolina 
General Assembly apportion members of the United States House of Representatives 
among the districts established by the General Assembly . Pursuant to said requirements , 
the 1991 General Assembly enacted Chapter 601 and Section 33 of Chapter 761 of the 
1991 Session Laws to provide for the increase from eleven to twelve congressional dis- 
tricts and the 1991 redistricting plan for the congressional districts of North Carolina. 

As required by Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 
1973c, the redistricting plans for the North Carolina Senate, North Carolina House of 
Representatives and the United States House of Representatives were submitted to the 
United State Department of Justice for preclearance. 

On December 18, 1991, the United States Department of Justice notified the State of 
North Carolina by letter signed by John R. Dunne, Assistant Attorney General, Civil 
Rights Division, that the submitted plans do not conform to federal law and tendered 
objections to the North Carolina State House, Senate and Congressional plans stating 
that one additional predominantly minority congressional district could have been 
created; that at least three additional minority districts could have been created for the 
State House, and that at least one additional minority district could have been created for 
the State Senate. The letter further referred to specific counties or geographic areas of 
the state in which those districts could have been created. The findings of the United 
States Department of Justice as set forth in the letter from John R. Dunne dated 
December 18, 1991, are incorporated herein by reference and I find that additional 
minority districts can be created in order that election opportunities for minority citizens 
residing in those counties specified in findings of the Department of Justice may be 
enhanced. 



II. DATE FOR FILING NOTICE OF CANDIDACY: 

Filing for election to state offices and the United State Congress commences pursuant 
to N.C.G.S. § 163-106(c), at 12:00 noon on the first Monday of January, (January 6, 
1992), and terminates at 12:00 noon on the first Monday in February (February 3, 
1992) . It appears that the General Assembly of North Carolina may not be able to con- 
vene and develop redistricting plans for the North Carolina State House, Senate and 
Congressional districts within a time reasonable for potential candidates to select know- 
ledgeably the offices for which they may desire to offer themselves considering the cur- 
rent statutory filing period. Therefore, I am of the opinion that there is an immediate 
necessity to amend current law to change the time period within which potential candi- 
dates must file for elective office. 

I find that there is a need to convene the North Carolina General Assembly in an extra 
session in order that it may amend the statutory provisions providing for the time within 
which potential candidates must file for office, and to fulfill its constitutional duties of 
redistricting and reapportionment consistent with the Voting Rights Act of 1965, as 
amended. 



December 30, 1991 



1991] SENATE JOURNAL 7 

III. ECONOMY AND EMPLOYMENT SECURITY TAX SURCHARGE: 
Although North Carolina's economy has shown modest but steady growth out of the 

current recession, the growth rate continues to be less than was expected at this time. 
Because of that slow growth and the inability of North Carolina and other states to fully 
recover from the economic downturn of the past year, employees and employers continue 
to struggle with personal and business financial affairs. 

North Carolina's unemployment insurance trust fund was severely tested by the reces- 
sions of 1975 and 1982 causing the General Assembly in 1983 to enact legislation 
amending the Employment Security Law to replenish and bolster the funds held in reserve 
to withstand another severe economic downturn. In 1987 the law was further amended 
so as to reach a projected trust fund balance of $1.8 billion by 1991 when only $1.2 
billion to $1.4 billion would be needed for the fund to be solvent. The the federal trust 
fund has now reached $1.35 billion and the reserve fund now contains $193 million. 
Thus, these funds have exceeded all projections and have exceeded the solvency level 
established for the payment of unemployment insurance benefits. 

Thus, I am of the opinion that immediate consideration must be given to amendments 
to Chapter 96 of the North Carolina General Statutes, and particularly §§96-5 and 96-9, 
to repeal the 20% employment security tax surcharge that was enacted in 1987. In doing 
so, employers in North Carolina would be relieved of approximately $50 million to $60 
million per year of unnecessary taxes thereby further stimulating the economy and grant- 
ing to employers an opportunity to use those funds for current expenses, maintaining 
employment opportunities and expansion. 

IV. DECLARATIONS: 

As required by Article III, Section 5 (7) of the Constitution, I have sought and received 
the advice of the Council of State concerning the need to call the General Assembly into 
extra session to address redistricting, the time for filing as a candidate for public office 
and repeal of the employment security tax surcharge and received from them their advice 
that it is appropriate for the General Assembly to be convened into extra session as 
provided in Article III, Section 5 (7) of the Constitution for those purposes. I have also 
discussed the matter with the Lieutenant Governor, the Speaker of the House of 
Representatives and the President Pro Tempore of the Senate. They are of the same 



ACCORDINGLY, pursuant to the authority granted to me by Article III, Section 
5(7) of the Constitution of North Carolina, I find that the circumstances stated above 
constitute an "extraordinary occasion" within the meaning of Article III, Section 5 (7) of 
the Constitution of North Carolina and PROCLAIM that the General Assembly is 
hereby convened in extra session for the purpose of considering legislation (1) amending 
section 163-106(c) of the North Carolina General Statutes, (2) amending the 1991 
Session Laws, Chapter 601, "An Act to Divide North Carolina Into Twelve Congres- 
sional Districts, " and Chapter 675, "An Act to Establish House of Representatives Dis- 
tricts and to Apportion Seats of the House of Representatives Among Districts," and 
Chapter 676, "An Act to Establish Senatorial Districts and to Apportion Seats In the 
Senate Among Districts," and Section 33 of Chapter 761, "An Act to Make Technical 
Corrections and Other Changes to the Law, " and (3) amending Chapter 96 of the North 
Carolina General Statutes as necessary to repeal the employment security tax surcharge 
imposed in 1987. 

This extra session to consider these matters shall begin the morning of December 30, 
1991, at 10:00 o'clock, and shall continue as provided by law and the respective rules of 
the Senate and House of Representatives until both houses shall have adjourned such 
extra session sine die. 

Done at Raleigh, Wake County, North Carolina, this 20th day of December, 1991. 

S/James G. Martin 
(SEAL) 



December 30, 1991 



8 SENATE JOURNAL [Extra Session 

The letter of John R. Dunne, Assistant Attorney General, Civil Rights Division, 
United States Department of Justice, incorporated by reference, is as follows: 

U.S. Department of Justice 
Civil Rights Division 

Office of the Assistant Attorney General Washington, D.C. 20035 

Tiare B. Smiley, Esq. 

Special Deputy Attorney General 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

Dear Ms. Smiley: 

This refers to Chapter 675 (1991), which provides for the 1991 redisricting and a 
change in the method of election from 42 single-member districts and 30 multimember 
districts to 75 single-member districts and 20 multimember districts for the House of 
Representatives; Chapter 676 (1991) which provides for the 1991 redisricting plan and a 
change in the method of election from 22 single-member districts and 28 multimember 
districts to 34 single-member districts and 8 multimember districts for the Senate; and 
Chapter 601 and Chapter 761 (1991), which provide for the increase from eleven to 
twelve congressional districts and the 1991 redistricting plan for the congressional dis- 
tricts for the State of North Carolina, submitted to the Attorney General pursuant to 
Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S. C. 1973c. We received 
your response to our request for more information on November 5, 1991; supplemental 
information was received on November 18, 20, 21, 25, 26 and 27, and December 4, 10, 
12 and 13, 1991. 

We have carefully considered the information you have provided, as well as Census 
data and information and comments from other interested persons. At the outset, we 
note that 40 of North Carolina's 100 counties are covered under the special provisions of 
Section 5 of the Voting Rights Act. As it applies to the redistricting process, the Voting 
Rights Act requires the Attorney General to determine whether the submitting authority 
has sustained its burden of showing that each of the legislative choices made under a 
proposed plan is free of racially discriminatory purpose or retrogressive effect and that 
the submitted plan will not result in a clear violation of Section 2 of the Act. In the case 
of statewide redistrictings such as the instant ones, this examination requires us not only 
to review the overall impact of the plan on minority voters, but also to understand the 
reasons for and the impact of each of the legislative choices that were made in arriving at 
a particular plan. 

In making these judgments, we apply the legal rules and precedents established by the 
federal courts and our published administrative guidelines. See, e.g. 28 C.F.R. 
51.52(a), 51.55, 51.56. For example, we cannot preclear those portions of a plan 
where the legislature has deferred to the interests of incumbents while refusing to accom- 
modate the community of interest shared by insular minorities, see, e.g. , Garza v. Los 
Angeles County, 918 F.2d 763, 771 (9th Cir. 1990), cert, denied, 111 S. Ct. 681 
(1991); Ketchumv. Byrne, 740 F. 2d 1398, 1408-09 (7th Cir. 1984), cert, denied, 471 
U.S. 1135 (1985), or where the proposed plan, given the demographics and racial con- 
centrations in the jurisdiction, does not fairly reflect minority voting strength. Thornburg 
v. Gingles, 478 U.S. 30 (1986); Hasten v. State Board of Elections, F. Supp. 
(N.D. 111., Nov. 6, 1991), 1991 WL 228185; Wilkes County, Georgia v. United States, 
450 F. Supp. 1171, 1176 (D.D.C. 1978), aff'd. mem., 439 U.S. 999 (1978). 

Such concerns are frequently related to the unnecessary fragmentation of minority 
communities or the needless packing of minority constituents into a minimal number of 
districts in which they can expect to elect candidates of their choice. See 28 C.F.R. 



December 30, 1991 



1991] SENATE JOURNAL 9 

51 . 59 . We endeavor to evaluate these issues in the context of the demographic changes 
which compelled the particular jurisdiction's need to redistrict and the options available 
to the legislature. Finally, our entire review is guided by the principle that the Act ensures 
fair election opportunities and does not require that any jurisdiction guarantee minority 
voters racial or ethnic proportional results. 

With this background in mind, our analysis shows that, in large part, the North 
Carolina House, Senate and Congressional redistricting plans meet the Section 5 
preclearance requirements. Each plan, however, has particular problems which raise 
various concerns for us under the Voting Rights Act. We describe each of these problem 
areas separately below. 

Respecting the House plan, the proposed configuration of district boundary lines in the 
following three areas of the state appear to minimize black voting strength: the Southeast 
area, involving Sampson, Pender, Bladen, Duplin, New Hanover, Wayne, Lenoir and 
Jones Counties; the Northeast area in which the state proposes to create District 8; and 
Guilford County. 

In general, it appears that in each of these areas the state does not propose to give 
effect to overall black voting strength, even though it seems that boundary lines logically 
could be drawn to recognize black population concentrations in each area in a manner 
that would more effectively provide to black voters an equal opportunity to participate in 
the political process and to elect candidates of their choice. Another factor which 
appears to adversely impact on minority voting strength, by limiting the number of 
majority minority districts, was the state's decision to manipulate black concentrations 
in a way calculated to protect white incumbents. 

In the Southeast area of the state, the state was aware of the significant interest on the 
part of the black community in creating districts in which they would constitute a 
majority. In fact, alternatives providing for two additional black majority districts were 
presented to the legislature. Rather than using this approach to recognize black voting 
strength, however, the proposed plan submerges concentrations of black voters in several 
multimember, white majority districts. Our own analysis suggests that a number of dif- 
ferent boundary line configurations may be possible which more fairly recognize black 
population concentrations and provide minority voters an opportunity to elect candidates 
of their choice in at least one additional district. 

In the Northeastern portion of the state, District 8 seems to have been drawn in such a 
way as to limit unnecessarily the potential for black voters to elect representatives of their 
choice. In spite of the 58 percent black population majority, serious concerns have been 
raised as to whether black voters in this district will have an equal opportunity to elect 
their preferred candidate, particularly given the fact that only 52 percent of the registered 
voters in the district are black. Our analysis indicates that a number of different options 
are available to draw District 8 in a manner which provides blacks an equal opportunity 
to participate in the electoral process (e.g. , including in District 8 black concentrations 
in adjoining districts) . 

Similarly, in Guilford County, the proposed plan fails to recognize black population 
concentrations, although reasonable configurations of boundary lines would permit an 
additional district that would provide black voters the opportunity to elect their 
candidates of choice. While we have noted the state's assertion that the division of the 
black community in Guilford County into several districts enhances black voting strength 
by providing black voters an opportunity to influence elections in additional districts, it 
appears that the plan in fact was designed to ensure the re-election of white incumbents. 
This conclusion is bolstered by what appears to be similarly motivated decisions of the 
legislature involving other areas of the state, such as in Mecklenburg County. There, the 
state drew two minority House districts, while the minority population appears to be 



December 30, 1991 



10 SENATE JOURNAL [Extra Session 

sufficiently concentrated to allow for the drawing of three districts in which black voters 
would have an opportunity to elect candidates of their choice. While we are aware that 
Mecklenburg is not a county subject to the preclearance requirements of Section 5, infor- 
mation regarding the choices of boundary line changes in the county is relevant to our 
review of the concern that purposeful choices were made throughout the redisricting 
processes that adversely impact minority voting strength. 

Respecting the Senate redistricting plan, the state has proposed district boundary lines 
in the southeast region of the state that appear to minimize black voting strength, given 
the particular demography of this area. Although boundary lines logically could be 
drawn to recognize black population concentration in a manner that would more effec- 
tively provide to black voters an equal opportunity to participate in the political process 
and to elect a candidate of their choice, the proposed districts seem to be the result of the 
state's decision to use concentration of black voters in white majority districts to protect 
white incumbents. Black citizens from this area testified that they felt a black majority 
single-member district could be fairly drawn, and alternatives providing for a black 
majority district were presented to the legislature. It appears, however, that concentra- 
tions of black voters have been submerged in several white majority districts. Our own 
analysis suggests that a number of different boundary line configurations may be possible 
which more fairly recognize black population concentrations and provide minority voters 
an opportunity to elect candidates of their choice in at least one additional district. 

Respecting the congressional redistricting plan, we note that North Carolina has 
gained one additional congressional seat because of an increase in the state's popula- 
tion. The proposed congressional plan contains one majority black congressional district 
drawn in the northeast region of the state. The unusually convoluted shape of that 
district does not appear to have been necessary to create a majority black district and, 
indeed, at least one alternative configuration was available that would have been more 
compact. Nonetheless, we have concluded that the irregular configuration of that 
district did not have the purpose or effect of minimizing minority voting strength in that 
region. 

As in the House and Senate plans, however, the proposed configuration of the district 
boundary lines in the south-central to southeastern part of the state appear to minimize 
minority voting strength given the significant minority population in this area of the 
state. In general, it appears that the state chose not to give effect to black and Native 
American voting strength in this area, even though it seems that boundary lines that were 
no more irregular than found elsewhere in the proposed plan could have been drawn to 
recognize such minority concentration in this part of the state. Jeffers v. Clinton, 730 F. 
Supp. 196, 207 (E.D. Ark. 1989), affirmed, 111 S. Ct. 662 (1991). 

We also note that the state was well aware of the significant interest on the part of the 
minority community in creating a second majority-minority congressional district in 
North Carolina. For the south-central to southeast area, there were several plans drawn 
providing for a second majority-minority congressional district, including at least one 
alternative presented to the legislature. No alternative plan providing for a second 
majority-minority congressional district was presented by the state to the public for com- 
ment. Nonetheless, significant support for such an alternative has been expressed by the 
National Association for the Advancement of Colored People (NAACP) and the 
American Civil Liberties Union (ACLU) . These alternatives, and other variations iden- 
tified in our analysis, appear to provide the minority community with an opportunity to 
elect a second member of congress of their choice to office, but, despite this fact, such 
configuration for a second majority-minority congressional district was dismissed for 
what appears to be pretextual reasons. Indeed, some commenters have alleged that the 
state's decision to place the concentrations of minority voters in the southern part of the 
state into white majority districts attempts to ensure the election of white incumbents 
while minimizing minority electoral strength. Such submergence will have the expected 



December 30, 1991 



1991] SENATE JOURNAL 11 

result of "minimizing] or cancel [ling] out the voting strength of [black and Native 
American minority voters] . " Fortson v. Dorsey, 379 U.S. 433, 439 (1965). Although 
invited to do so, the state has yet to provide convincing evidence to the contrary. 

In light of the considerations discussed above, I cannot conclude, as I must under the 
Voting Rights Act, that the state's burden has been sustained in this instance with 
respect to the three proposed plans under review. Therefore, on behalf of the Attorney 
General, I must object to the 1991 redisricting for the North Carolina State House, 
Senate and Congressional plans to the extent that each incorporates the proposed 
configurations for the areas discussed above. 

We note that under Section 5 you have the right to seek a declaratory judgment from 
the United States District Court for the District of Columbia that the proposed 1991 
House, Senate and Congressional redistricting plans have neither the purpose nor will 
have the effect of denying or abridging the right to vote on account of race or color. In 
addition, you may request that the Attorney General reconsider the objections. 
However, until the objections are withdrawn or a judgment from the District of Columbia 
Court is obtained, the 1991 redistricting for the North Carolina House, Senate and 
Congressional plans continue to be legally unenforceable. Clark v. Roemer, 59 
U.S.L.W. 4583 (U.S. June 3, 1991); 28 C.F.R. 51.10 and 51.45. 

To enable us to meet our responsibility to enforce the Voting Rights Act, please inform 
us of the action the State of North Carolina plans to take concerning these matters. If 
you have any questions, you should call Richard Jerome (202-514-8696) , an attorney in 
the Voting Section. 

Sincerely, 
S/John R. Dunne 
Assistant Attorney General 
Civil Rights Division 
(See Appendix) 

The roll of the members of the Senate heretofore elected to the 1991 General 
Assembly, having properly received and subscribed to the oath of office, is called and the 
following answer the call: 

Senators Allran, Ballance, Barnes, Basnight, Blackmon, Block, Bryan, Carpenter, 
Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Roy all, Sands, 
Seymour, Shaw, Sherron, Soles, Speed, Tally, Walker, Ward, and Warren — 44. 

The President announces a quorum present. 

Without objection, the President grants leaves of absence to Senator Smith due to a 
death in his family, to Senator Kaplan due to illness, and to Senator Winner who is out of 
the State. 

The President announces Senators Kincaid, Staton, and Simpson are present. 

OFFICERS 

Without objection, on motion of Senator Barnes, the Officers elected under the 
provisions of the Constitution of North Carolina, the General Statutes, and the Rules of 
the 1991 Regular Session, are elected to serve as the Officers of this Extra Session. 

ADOPTION OF RULES 

Without objection, on motion of Senator Barnes, the President Pro Tempore, the 
Permanent Rules of the 1991 Regular Session are adopted as the Permanent Rules 
governing this Extra Session of the 1991 General Assembly. 



December 30, 1991 



12 SENATE JOURNAL [Extra Session 

APPOINTMENT OF COMMITTEES 

Senator Barnes, the President Pro Tempore, after conferring with the Minority 
Leader, Senator Shaw, announces that the Standing and Select Committees of the 
Senate heretofore appointed during the 1991 Regular Session, including Chairmen, 
Vice-Chairmen, and Ranking Minority Members are hereby appointed to serve during 
this Extra Session. 

The President orders a special message sent to the House of Representatives informing 
that Honorable Body that the Senate is organized and ready to proceed with the public 
business of this Extra Session of the 1991 General Assembly as stated in the 
Proclamation issued by the Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
December 30, 1991 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable Body that 
the House of Representatives is organized and stands ready to proceed with the public 
business of the 1991 Extra Session. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Barnes offers a motion to the end that Rule 40 be suspended to allow the intro- 
duction of four measures, which motion prevails by a two-thirds majority vote. 

By Senator Barnes: 

S.B. 1, a bill to delay the opening and closing of filing for all 1992 primary elections, 
except the Presidential Preference Primary so as to allow time for the General Assembly 
to modify or seek enforcement of redistricting plans enacted by the 1991 Regular Session 
and to make conforming changes. 

On motion of Senator Barnes, the bill is placed before the Senate for immediate con- 
sideration. Consequently, following his explanation and on his motion, the bill is 
ordered temporarily displaced. 

By Senator Johnson: 

S.B. 2, a bill to establish senatorial districts and to apportion seats in the Senate 
among districts. 

Referred to Redistricting Committee. 

By Senator Walker: 

S.B. 3, a bill to divide North Carolina into twelve congressional districts. 

Referred to Redistricting Committee. 

By Senators Royall and Bryan: 

S.B. 4, a bill to lower the Employment Security Commission Reserve Fund threshold, 
thereby eliminating unnecessary accumulations in the Reserve Fund and providing relief 
to employers. 

Referred to Finance Committee. 



December 30, 1991 



1991] SENATE JOURNAL 13 

Senator Daughtry offers a motion that Rule 40 be suspended to allow the introduction 
of the following bill which motion prevails by a two-thirds majority vote. 

By Senators Daughtry and Cochrane: 

S.B. 5, a bill to establish senatorial districts and to apportion seats in the Senate 
among districts. 

Referred to Redisricting Committee. 

The President Pro Tempore announces the intention to adjourn this Extra Session for 
more than three calendar days to reconvene at a later date and therefore, pursuant to 
G.S. 120-19.6, announces that standing committees will meet upon the call of the 
Chairman during the interim of the Extra Session. 

EXECUTIVE ORDERS 

Executive Orders received following adjournment of the First Regular Session of the 
1991 General Assembly are presented to the Senate (See Appendix) , read and referred to 
committee, as follows: 

Executive Order Number 147, Establishment of the Geographic Information 
Coordinating Council and the Transfer of the Center for Geographic Information and 
Analysis to the Office of the Governor. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 148, Governor's Task Force on Health Objectives for 
the Year 2000. 

Referred to Human Resources Committee. 

Executive Order Number 149, Rescission of Executive Order Number 79 Which 
Established the North Carolina Small Business Council. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 150, North Carolina Human Service Transportation 
Council. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 151, Governor's Advisory Commission on Military 
Affairs. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 152, Establishing the Persian Gulf War Memorial 
Commission. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

Executive Order Number 153, North Carolina 2000. 
Referred to Education Committee. 

Executive Order Number 154, Amending Executive Order Number 53, The 
Governor's Inter- Agency Advisory Team on Alcohol and Other Drug Abuse. 
Referred to State Personnel and State Government Committee. 

Executive Order Number 155, Amending Executive Order Number 65, North 
Carolina State Defense Militia. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

Executive Order Number 156, Establishing the North Carolina Committee on 
Literacy and Basic Skills and Rescinding Executive Order Number 90. 
Referred to Higher Education Committee. 



December 30, 1991 



14 SENATE JOURNAL [Extra Session 

Executive Order Number 157, Waiving Certain Penalties Pursuant to Chapter 
166A of the General Statutes of North Carolina. 
Referred to Transportation Committee. 

Executive Order Number 158, Republishing and Amending Executive Order No. 
137. 

Referred to Pensions and Retirement Committee. 

The Lieutenant Governor announces receipt of an Agreement for the Establishment of 
a Sister State Relationship between the State of North Carolina of the United States of 
America and the Province of Taiwan of the Republic of China and a request that the 
Agreement be made a part of the permanent records of the Senate. Without objection, 
the Chair orders the Agreement placed on file in the Office of the Principal Clerk. (See 
Appendix) 



CALENDAR 

S.B. 1, a bill to delay the opening and closing of filing for all 1992 primary elections, 
except the Presidential Preference Primary so as to allow time for the General Assembly 
to modify or seek enforcement of redistricting plans enacted by the 1991 Regular Session 
and to make conforming changes, temporarily displaced earlier. 
Senator Martin of Guilford offers Amendment No. 1 as follows: 

"moves to amend the bill on page 1, line 15 by adding immediately 
before the period the words: 

", and except that filing of notices of candidacy for any non-partisan 
election held on May 5, 1992, where there is a primary earlier in 1992, 
shall be made as if this act had not been enacted". 
Amendment No. 1 is adopted (44-0). 

The bill, as amended, passes its second (44-0) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger, without 
engrossment. 



PUBLIC HEARINGS 

Senator Barnes announces a Public Hearing before the Redistricting Committee on 
January 8, 1992, on a Senate Plan at 1:00 P.M. and on a Congressional Plan at 3:00 
P.M. in the Auditorium of the Legislative Building. 



INTRODUCTION OF RESOLUTION 

Senator Barnes offers a motion that Rule 40 be suspended to allow the introduction of a 
joint resolution which motion prevails by a two-thirds majority vote. 

By Senator Barnes: 

S.J.R. 6, a joint resolution setting the time for adjournment of the 1991 Extra Session 
of the General Assembly to reconvene in 1992. 

On motion of Senator Barnes, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (45-0) and third readings and is ordered, with- 
out objection, sent to the House of Representatives by special messenger. 

Without objection, on motion of Senator Barnes the Senate stands in recess for the 
purpose of a committee meeting. 



December 30, 1991 



1991] SENATE JOURNAL 15 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 1, an act to delay the opening and closing of filing for all 1992 primary elections, 
except the Presidential Preference Primary so as to allow time for the General Assembly 
to modify or seek enforcement of redistricting plans enacted by the 1991 Regular Session 
and to make conforming changes. (Ch. 1) 

S.J.R. 6, a joint resolution setting the time for adjournment of the 1991 Extra Session 
of the General Assembly to reconvene in 1992. (Res. 1) 



REPORT OF COMMITTEE 

The following bill is reported from a standing committee , read by its title , together with 
the report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

S.B. 4, a bill to lower the Employment Security Commission Reserve Fund threshold, 
thereby eliminating unnecessary accumulations in the Reserve Fund and providing relief 
to employers, with a favorable report. 



HONORARY PAGE 

Senator Barnes rises pursuant to the announcement of the birth of Leah Catherine 
Daniel on December 3, 1991, daughter of Senator and Mrs. George B. Daniel of Caswell 
County, and presents Senator Daniel with an Honorary Page Certificate for his new 
daughter. 

Pursuant to Resolution 1 of the 1991 Extra Session of the General Assembly, S.J.R. 
6, a joint resolution setting the time for adjournment of the 1991 Extra Session of the 
General Assembly to reconvene in 1992, Senator Barnes, seconded by Senator 
Cochrane, offers a motion that the Senate do now adjourn to reconvene at 12:00 Noon 
on January 13, 1992, which motion prevails. 

The hour for adjournment having arrived as fixed by Resolution 1, Lieutenant 
Governor Gardner, by the authority vested in him as President of the Senate, declares the 
Senate adjourned at 12:00 Noon to reconvene at 12:00 Noon on Monday, January 13, 
1992. 



December 30, 1991 



16 SENATE JOURNAL [Extra Session 

SECOND DAY 

Senate Chamber, 
Monday, January 13, 1992. 

The Senate meets at 12:00 Noon pursuant to adjournment as provided by Resolution 1 
and is called to order by the Honorable James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, finding the balance between our own individual needs and the needs of 
others, whether in a small group like a family, or in a larger group, like a community or a 
state, is never an easy job. We all struggle with an innate human instinct called self- 
preservation. It is a good and natural instinct that You have instilled in us, Father, so 
that we may survive life's hardships. 

"As this Body struggles with difficult decisions here today, help them, and all of us, to 
balance our instincts with conscience, the innate sense of right and wrong You have also 
instilled within each of us. Father, I lift up this group of public servants to You today. 
Guard their hearts and minds with Your Compassion, and give them Your Counsel, as 
they make decisions that affect so many lives, and influence so many issues in our State. 

"Remind us that the highest expression of humanness is found not at the level of our 
instincts, but at the level our consciences call us to. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Monday, Decem- 
ber 30, 1991 , has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

REPORTS OF COMMITTEES 

The following bill is reported from a standing committee , read by its title , together with 
the report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Winner for the Redistricting Committee: 

S.B. 2, a bill to establish Senatorial Districts and to apportion seats in the Senate 
among districts, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Winner, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
the Committee Substitute bill is adopted. 

Without objection, on motion of Senator Winner, the Committee Substitute bill 
remains before the Senate for further consideration. 

Senator Daughtry offers Amendment No. 1 which fails of adoption (15-34). 

Senator Hyde offers Amendment No. 2 which is adopted (49-0). 

Senator Sands offers Amendment No. 3 which is adopted (50-0). 

Without objection, on motion of Senator Martin of Pitt, the Committee Substitute bill, 
as amended, is temporarily displaced. 

INTRODUCTION OF BILL 

Senator Basnight offers a motion that Rule 43 be suspended to allow the introduction of 
the following bill filed today. 

By Senator Basnight: 

S.B. 7, a bill to allow the Dare County Board of Commissioners to redistrict its resi- 
dency districts and change the manner of election of the Board of Commissioners in time 
for the 1992 primary and elections. 



January 13, 1992 



1991] SENATE JOURNAL 17 

Senator Bryan rises to a point of order, as follows: 

"Mr. President, I don't believe that the Executive Order calling this Session allows us 
to suspend the Constitution and as I understand the suspension of rules that's basically 
what the purpose would be. I don't think this is a suspension of rules, Mr. President and 
members, to do something that we're authorized to do in a way different from what the 
rules call for but rather is a motion to suspend the Constitution and I don't think we can 
do that, and I'm sorry I have to bring this up by I just think what we're talking about 
doing is suspending the Constitution and I really don't think we can do that, Senator 
Basnight . I would like to raise that as a point of order if that ' s the appropriate question to 
place before the Chair." 

The Chair rules that the motion to suspend the rules does deal with redisricting and 
fails to sustain the point of order. 

The motion offered by Senator Basnight that Rule 43 be suspended to allow the intro- 
duction of S. B. 7 today prevails by a two-thirds majority vote (44-1) . The bill is read a 
first time and on motion of Senator Basnight, the bill is placed before the Senate for 
further consideration, upon second reading. 

The bill passes its second (47-0) and third readings and is ordered, without objection, 
on motion of Senator Basnight, sent to the House of Representatives by special 
messenger. 

CALENDAR 

A bill on the Calendar is taken up and disposed of as follows: 

S. B. 4, a bill to lower the Employment Security Commission Reserve Fund threshold, 
thereby eliminating unnecessary accumulations in the Reserve Fund and providing relief 
to employers. 

Without objection, on motion of Senator Royall, Carol Shaw of the Fiscal Research 
Division of the Legislative Services Office of the General Assembly is granted privileges 
of the floor to assist in the explanation of the measure. 

The bill passes its second (49-0) and third readings and is ordered, without objection, 
on motion of Senator Royall, sent to the House of Representatives by special messenger. 

EXECUTIVE ORDERS 

An Executive Order received is presented to the Senate, read, and referred to 
committee, as follows: (See Appendix) 

Executive Order Number 159, North Carolina Governor's Commission on Work- 
force Preparedness, Terminating Executive Order Number 107. 

Referred to State Personnel and State Government Committee. 

CALENDAR (Continued) 

S.B. 2 (Committee Substitute), a bill to establish Senatorial Districts and to appor- 
tion seats in the Senate among districts, as amended, temporarily displaced earlier. 

The Committee Substitute bill, as amended, passes its second reading (31-19). 

Senator Daughtry objects to the third reading of the measure which remains on the 
Calendar for the next legislative day, for further consideration upon third reading. 

Senator Winner offers a motion that the rules be suspended to allow consideration of 
the measure upon third reading today, which motion he subsequently withdraws. 

Senator Daughtry withdraws his objection to the third reading, and with unanimous 
consent, the Committee Substitute bill, as amended, is withdrawn from the Calendar for 
the next legislative day and is placed before the Senate for further consideration upon its 
third reading. 



January 13, 1992 



18 SENATE JOURNAL [Extra Session 

The Committee Substitute bill, as amended, passes its third reading (32-18). 

Without objection, on motion of Senator Winner, the Committee Substitute bill, as 
amended, is ordered sent to the House of Representatives by special messenger, without 
engrossment. 

Without objection, on motion of Senator Barnes, the Senate recesses at 1:35 P.M. to 
reconvene at 3:30 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 

There being no further business, on motion of Senator Barnes, seconded by Senator 
Sands, the Senate adjourns at 3:45 P.M. to meet tomorrow, January 14, at 2:00 P.M. 



THIRD DAY 



Senate Chamber, 
Tuesday, January 14, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Henson P. Barnes, President Pro Tempore. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, Legislators go by a variety of names and titles; decision-makers, public ser- 
vants, politicians, but they also go by the names of mom, dad, son, daughter, husband, 
wife. 

"These here in this Chamber have a public side of who they are, the 'official' role they 
play in their careers and legislative duties, but there is also an 'unofficial' person that 
lives within each as well. 

"Today, Father, we pray for the 'unofficial' moms, dads, sons, daughters, husbands, 
and wives that stand here today. Remind us all that as important, as critical as the work 
that goes on in this Chamber is, an equally important measure of our lives is found in the 
quality of the relationships we cultivate and live out with those for whom we are responsi- 
ble and those who are responsible for us. Amen." 

Senator Royall, Deputy President Pro Tempore, announces the Journal of yesterday, 
January 13, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President Pro Tempore grants a leave of absence to Senator Perdue who is attend- 
ing the Equal Access Committee meeting of the Southern Legislative Conference of the 
Council of State Governments. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 14, a bill to provide that Chapter 1 of the 1991 Extra Session does not affect the 
filing period for the High Point City elections. 

On motion of Senator Seymour, the rules are suspended, without objection, and the 
bill is placed before the Senate for immediate consideration. 



January 14, 1992 



1991] SENATE JOURNAL 19 

The bill passes its second (44-0) and third readings and is ordered enrolled. 

The President Pro Tempore relinquishes the gavel to the President of the Senate, 
Lieutenant Governor Gardner, who presides. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S. B. 7, an act to allow the Dare County Board of Commissioners to redistrict its resi- 
dency districts and change the manner of election of the Board of Commissioners in time 
for the 1992 primary and elections. (Ch. 2) 

H . B . 14 , an act to provide that Chapter 1 of the 1 99 1 Extra Session does not affect the 
filing period for the High Point City elections. (Ch. 3) 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2 (Committee Substitute) , a bill to establish House of Representatives districts 
and to apportion seats in the House of Representatives among districts, with Amend- 
ments No. 7 and No. 9 not engrossed. 

Referred to Redistricting Committee. 

The Senate recesses at 4:31 P.M. for the purpose of a committee meeting to reconvene 
at 5:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 



REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Winner for the Redistricting Committee: 

H. B. 2 (Committee Substitute) , a bill to establish House of Representatives districts 
and to apportion seats in the House of Representatives among districts, with a favorable 
report. 

On motion of Senator Winner, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration upon second reading. 

The Committee Substitute bill passes its second reading (23-12). 

Without objection, on motion of Senator Barnes, the Committee Substitute bill is tem- 
porarily displaced. 

With no intervening business, on motion of Senator Barnes, the Committee Substitute 
bill is placed before the Senate for further consideration upon third reading, without 
objection. 

The Committee Substitute bill passes its third reading (24-12) and is ordered enrolled. 



January 14, 1992 



20 SENATE JOURNAL [Extra Session 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.J.R. 16, a joint resolution setting the time for adjournment of the 1991 Extra 
Session of the General Assembly to reconvene in 1992. 

On motion of Senator Barnes, the rules are suspended, without objection, and the 
joint resolution is placed before the Senate for immediate consideration; consequently, 
without objection, on motion of Senator Barnes, the joint resolution is temporarily 
displaced. 

S.B. 2 (Committee Substitute), a bill to establish Senatorial Districts and to appor- 
tion seats in the Senate among districts, for concurrence in House Amendment No. 2. 

On motion of Senator Barnes, the rules are suspended, without objection, and the 
Committee Substitute bill is placed before the Senate for immediate consideration. 

The Senate concurs in House Amendment No. 2 (31-0) and the Committee Substitute 
bill is ordered enrolled. 

CALENDAR (Continued) 

H.J.R. 16, a joint resolution setting the time for adjournment of the 1991 Extra 
Session of the General Assembly to reconvene in 1992, temporarily displaced earlier. 

The joint resolution passes its second (32-0) and third readings and is ordered 
enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 2 (Committee Substitute), an act to establish Senatorial Districts and to 
apportion seats in the Senate among districts. (Ch. 4) 

H. B. 2 (Committee Substitute) , an act to establish House of Representatives districts 
and to apportion seats in the House of Representatives among districts. (Ch. 5) 

H.J.R. 16, a joint resolution setting the time for adjournment of the 1991 Extra 
Session of the General Assembly to reconvene in 1992. (Res. 2) 

Pursuant to Resolution 2, on motion of Senator Sherron, seconded by Senator 
Johnson, the Senate adjourns at 7:00 P.M. to meet Wednesday, January 22, at 
1:00 P.M. 



FOURTH DAY 



Senate Chamber, 
Wednesday, January 22, 1992. 

The Senate meets pursuant to adjournment as provided by Resolution 2 and is called to 
order by the Honorable James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 



January 22, 1992 



1991] SENATE JOURNAL 21 

"Father, the decisions made by this Senate today will shape North Carolina's future in 
numerous ways. 

"As the future slowly, minute by minute, becomes our present reality, as it surely will, 
it is comforting to know that the political, social, and economic changes that will result 
from the work accomplished here today, will be changes that You will be aware of, but 
they will not change You. You, Father, are the Same yesterday, today, and in all our 
tomorrows. 

"Your love for us will always endure, no matter how much we may change or how far 
we wander from Your care. Thank You that this assurance is something we can rest in, 
find peace in, when change threatens to overwhelm us. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Tuesday, January 
14, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Block who "will be out of 
the country," and to Senator Seymour "due to hospitalization." 

Without objection, on motion of Senator Barnes, the Senate recesses at 1:15 P.M. to 
reconvene at 3:30 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 

There being no business, on motion of Senator Barnes, seconded by Senator Johnson, 
the Senate adjourns at 3:40 P.M. to meet tomorrow, January 23, at 2:00 P.M. 



FIFTH DAY 



Senate Chamber, 
Thursday, January 23, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, complex, perplexing, intricate, detailed, tedious— life in our society is fre- 
quently described by these terms and others synonymous with them, and it seems that the 
simple and straightforward concepts of truth, justice, and compassion are not easily 
applied to the daily realities of our relationships, our government, our businesses, and 
our schools. 

"Father, help us to live our lives in such a way that we could, if required, defend our 
actions and our beliefs not by lengthy explanations, but by simply saying that we spent 
the time we were given, giving of ourselves to others rather than protecting ourselves from 
others. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, January 
22, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 



January 23, 1992 



22 SENATE JOURNAL [Extra Session 

The President grants a leave of absence for today to Senator Johnson due to "illness, " 
to Senator Royall due to "prescheduled knee surgery at Duke Hospital," and to Senator 
Seymour and Senator Block. 

With no business to come before the Senate, on motion of Senator Barnes, the Senate 
recesses at 2:25 P.M. to reconvene at 4:30 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

S.B. 4, an act to lower the Employment Security Commission Reserve Fund thresh- 
old, thereby eliminating unnecessary accumulations in the Reserve Fund and providing 
relief to employers. (Ch. 6) 

On motion of Senator Winner, seconded by Senator Basnight, the Senate adjourns at 
6:45 P.M. to meet tomorrow, January 24, at 1:00 P.M. 



SIXTH DAY 

Senate Chamber, 
Friday, January 24, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable Howard N. Lee, Senator from Orange County, as 
follows: 

"Lord, some day historians will sit to research, evaluate, and write about these times. 
It may be that they will judge us in light of what we do in this Chamber today, and in days 
to come, and it may be the only record by which they can sincerely judge the commitment 
we had to carry out our job in a manner to benefit those we serve. 

"Help us to do our work so that others will know that we did our best. Help us to 
express our differences with respect for each other and each others views. Help us to be 
vigilant in our positions but be caring toward each other. Help us to signal to the next 
generation that we put the interest of our State above our personal and political interests. 

"Lord, please be the Source and the Strength of our work. Amen." 

Senator Winner for the Rules and Operation of the Senate Committee 

announces the Journal of yesterday, January 23, has been examined and is found to be 
correct except as to the ratification of S.B. 4, a bill to lower the Employment Security 
Commission Reserve Fund threshold, thereby eliminating unnecessary accumulations in 
the Reserve Fund and providing relief to employers, which failed to be ratified by the 
Speaker of the House of Representatives and moves the entry be stricken from the record; 



January 24, 1992 



1991] SENATE JOURNAL 23 

on his further motion the Senate dispenses with the reading of the Journal and it stands 
approved as corrected. 

The President grants a leave of absence for today to Senator Blackmon who is attend- 
ing a "meeting in California — scheduled earlier;" to Senator Parnell due to "business;" 
to Senator Forrester who has "to cover medical practice— associate Dr. Beth Tarkington 
is pregnant and due any day; " to Senator Speed who "has the flu; " and to Senator Block; 
Senator Seymour; Senator Royall; and Senator Sands. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 3 (Committee Substitute), a bill to divide North Carolina into twelve 
congressional districts. 

On motion of Senator Winner, without objection, the Committee Substitute bill is 
placed before the Senate for immediate consideration. 

Pursuant to Rule 11, the Lieutenant Governor requests permission and, with 
unanimous consent, addresses the Senate speaking to the measure. 

Lengthy debate ensues, during which time Senator Basnight holds the gavel for a brief 
period. 

The Committee Substitute bill passes its second (24-12) and third readings and is 
ordered enrolled. 

Pursuant to the announcement by Senator Lee, the Senate acknowledges with a 
standing ovation the presentation to Senator Russell Walker of Randolph County an 
award as Citizen of the Year by the Randolph County Chamber of Commerce. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 4, an act to lower the Employment Security Commission Reserve Fund thresh- 
old, thereby eliminating unnecessary accumulations in the Reserve Fund and providing 
relief to employers. (Ch. 6) 

H.B. 3 (Committee Substitute), an act to divide North Carolina into twelve 
congressional districts. (Ch. 7) 



INTRODUCTION OF RESOLUTION 

Senator Barnes offers a motion that Rule 43 be suspended to allow the introduction of 
the following joint resolution filed today which motion prevails by a two-thirds majority 
vote. 

By Senator Barnes: 

S.J.R. 8, a joint resolution setting the time for adjournment of the 1991 Extra Session 
of the General Assembly to reconvene in 1992. 

Without objection, on motion of Senator Barnes, the joint resolution is placed before 
the Senate for immediate consideration. 

The joint resolution passes its second (32-0) and third readings and is ordered, with- 
out objection, sent to the House of Representatives by special messenger. 



January 24, 1992 



24 SENATE JOURNAL [Extra Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 15, a bill to make a technical correction to legislation enacted by the 1991 
General Assembly by correcting a statutory reference. 

Senator Barnes rises to a point of order as to the eligibility for consideration of the bill 
under the provisions of the Proclamation calling the Senate into Extraordinary Session. 
The Chair rules due to the urgency of the implementation of the act the measure to be in 
order sustaining the point of order. 

Senator Barnes offers a motion the measure be placed before the Senate for immediate 
consideration which motion prevails and the bill is read a second time. 

The bill passes its second (28-0) and third readings and is ordered enrolled. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 15, an act to make a technical correction to legislation enacted by the 1991 
General Assembly by correcting a statutory reference. (Ch. 8) 

The President of the Senate relinquishes the gavel to Senator Barnes, President Pro 
Tempore, who presides in his absence. 

ENROLLED RESOLUTION 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

S.J.R. 8, a joint resolution setting the time for adjournment of the 1991 Extra Session 
of the General Assembly to reconvene in 1992. (Res. 3) 

Pursuant to Resolution 3, on motion of Senator Basnight, seconded by Senator Shaw, 
the Senate adjourns at 5:00 P.M. to meet Monday, February 3, at 12:00 Noon. 



SEVENTH DAY 



Senate Chamber, 
Monday, February 3, 1992. 

The Senate meets at 12:00 Noon pursuant to adjournment as provided by Resolution 3 
and is called to order by the Honorable Henson P. Barnes, President Pro Tempore. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, as we assess the wide range of work-related and personal opportunities 
placed before us each day, help us always to use one rule of thumb in making our 
decisions on which opportunities we will pursue. 

"Unless we can honestly and genuinely thank You for the presence of a particular 
opportunity in our lives, along with the consequences that accompany it, then give to 
each one of us the wisdom to call this opportunity by its real name, temptation; and then 
give us the courage and the strength to turn and walk away. 



February 3, 1992 



1991] SENATE JOURNAL 25 

"Thank You, Father, that You stand ready to help us when we are faced with these 
critical moments in our lives. Amen." 

Senator Winner for the Rules and Operation of the Senate Committee 

announces the Journal of Friday, January 24, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 

The President Pro Tempore grants a leave of absence for today to Senator Carter due to 
a "business appointment;" to Senator Forrester "to cover medical practice;" to Senator 
Royall due to "knee surgery — hospital;" to Senator Seymour; and to Senator Odom. 

With no business to come before the Senate, on motion of Senator Winner, the Senate 
recesses at 12:47 P.M. to reconvene at 3:30 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson P. 
Barnes, President Pro Tempore. 

The President Pro Tempore grants a leave of absence to Senator Hartsell for the 
remainder of today's Session to "attend meeting of Cabarrus County Commission." 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 1 (Committee Substitute), a bill to provide for further alteration of the 1992 
election timetable. 

Without objection, on motion of Senator Winner, the Committee Substitute bill is 
placed before the Senate for immediate consideration. 

The Committee Substitute bill passes its second (36-2) and third readings and is 
ordered enrolled. 

H.J.R. 19, a joint resolution adjourning the 1991 Extra Session of the General 
Assembly sine die. 

Referred to Rules and Operation of the Senate Committee. 

Without objection, on motion of Senator Winner, the Senate recesses at 6:05 P.M. for 
the purpose of a committee meeting to reconvene at 6:15 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson P. 
Barnes, President Pro Tempore. 

REPORTS OF COMMITTEES 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

H.J.R. 19, a joint resolution adjourning the 1991 Extra Session of the General 
Assembly sine die, with an unfavorable report as to joint resolution, but favorable as to 
Senate Committee Substitute joint resolution. 

On motion of Senator Winner, the rules are suspended and, the Senate Committee 
Substitute joint resolution, which changes the title to read H.J.R. 19 (Senate 



February 3, 1992 



26 SENATE JOURNAL [Extra Session 

Committee Substitute), a joint resolution providing for adjournment of the 1991 Extra 
Session of the General Assembly, is placed before the Senate for immediate 
consideration. 

On motion of Senator Winner, the Senate Committee Substitute joint resolution is 
adopted, and on his further motion remains before the Senate for further consideration 
upon second reading. 

Senator Winner offers Amendment No. 1 which is adopted (37-0). 

The Senate Committee Substitute joint resolution, as amended, passes its second 
(37-0) and third readings and is ordered, without objection, sent to the House of 
Representatives, for concurrence in the Senate Committee Substitute joint resolution 
with Amendment No. 1 not engrossed, by special messenger. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 1 (Committee Substitute), an act to provide for further alteration of the 1992 
election timetable. (Ch. 9) 

H.J.R. 19 (Senate Committee Substitute), a joint resolution providing for 
adjournment of the 1991 Extra Session of the General Assembly. (Res. 4) 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 19 House of Representatives 

February 3, 1992 

Mr. President: 

It is ordered that a message be sent to the Senate respectfully advising that Honorable 
Body that the House of Representatives has concluded the public business of the 1991 
Extra Session and stands ready to adjourn sine die pursuant to H.J.R. 19 "A JOINT 
RESOLUTION ADJOURNING THE 1991 EXTRA SESSION OF THE GENERAL 
ASSEMBLY SINE DIE". 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

The President Pro Tempore orders a message sent to the House of Representatives 
informing that Honorable Body that the Senate has concluded the public business of the 
1991 Extra Session as set forth in the Proclamation issued by the Governor (See 
Addendum), and has ratified H.J.R. 19 providing for adjournment to reconvene at 
10:00 A.M. on Monday, February 17 upon the disapproval of the plans to redistrict the 
North Carolina Senate, North Carolina House of Representatives, or the United States 
House of Representatives submitted to the United States Department of Justice under the 
Voting Rights Act of 1965, As Amended; but further, upon the approval by Saturday, 
February 15, of said plans providing for adjournment, sine die. 

Senator Basnight offers a motion that the Senate of the 1991 General Assembly 
meeting in Extra Session do now adjourn, sine die, seconded by Senator Daniel, which 
motion prevails. 



February 3, 1992 



1991] SENATE JOURNAL 27 

Pursuant to the message that the House of Representatives has completed the business 
before it and has ratified H.J.R. 19 providing for adjournment and the Senate having 
taken a like action, in compliance with Resolution 4 of the Extra Session, the President 
Pro Tempore declares the Senate of the 1991 General Assembly, meeting in Extra 
Session, adjourned at 6:30 P.M., to reconvene at 10:00 A.M. on February 17 upon 
notice of disapproval of any one of the redistricting plans submitted to the Department of 
Justice and upon notice of approval of all plans submitted, adjourned, sine die. (See 
Appendix) 

S/ James C. Gardner 
President of the Senate 

S/Sylvia Morris Fink 
Principal Clerk of the Senate 



February 3, 1992 



28 SENATE JOURNAL [Extra Session 

ADDENDUM 



It is noted the following documents outlined below were made available to the members 
for use in the explanation and consideration of S.B. 2 relative to Senatorial Districts, 
H.B. 2 relative to House Districts, and H.B. 3 relative to Congressional Districts are on 
file in the Legislative Library and are also made a part of Senate archival papers: 

S . B . 2 (Committee Substitute) , a bill to establish Senatorial Districts and to apportion 
seats in the Senate among districts. 

1 . A packet of maps, one showing the state, two showing regions in the state, and 
the remainder showing individual districts; 

2. A statistical report, "District Statistics, " showing the deviation of each district 
from the ideal size; 

3. A statistical report, "District Summary, " showing the total and voting age pop- 
ulation of each district, with columns for White, Black, and American Indian 
population of each district; 

4. A statistical report, "Registration," showing the number and percentage of 
registered voters in each district, with columns for White, Black, Other, 
Democrat, and Republican registered voters; 

5. A statistical report, "Elections," showing selected election data for each 
district; 

6. A statistical report, "Units with Differing Assignments Between Plans, " which 
shows the differences between 1991 SENATE BASE #3 and 1992 SENATE 
BASE #6; 

7. A statistical report, "Assigned Units," organized alphabetically by county, 
indicating to which districts counties and parts of counties are assigned by this 
plan; and 

8. Chapter 4 of the 1991 Session Laws (Extra Session 1991) which lists the coun- 
ties and parts of counties included in each district, organized by district. 

H.B. 2 (Committee Substitute), a bill to establish House of Representatives districts 
and to apportion seats in the House of Representatives among districts. 

The attached statistics cover 1992 HOUSE BASE PLAN #5. There are 7 statistical 
reports, a copy of Chapter 5 of the 1991 Session Laws (1991 Extra Session) and a set of 
maps. Maps are provided only for districts that differ from the plan ratified as Chapter 
675 of the 1991 Session Laws (1991 House Base Plan #3). 

1992 HOUSE BASE PLAN #5 contains 5 three-member districts, 12 two-member 
districts, and 81 single-member districts. The plan creates 3 new minority districts: one 
in Guilford County (District 28) and two in the southeast (Districts 97 and 98) . The Plan 
also increases the minority percentage in District 8 by over three percent. Adjustments 
were made to each of the following districts to accomodate these changes: 8, 9, 10, 11, 
12, 13, 14, 16, 19, 26, 27, 28, 29, 30, 38, 71, 77, 79, 89, 94, and 95. The following 
are new districts: 96 (Bladen and parts of Cumberland, Sampson, Pender, and New 
Hanover); 97 (parts of Wayne, Duplin, and Sampson); and 98 (parts of New Hanover, 
Brunswick, Pender, and Columbus. 

District 97 includes Seymour Johnson Air Force Base in Goldsboro (See Attachment 
B). The district is 51.68% black in total population. Excluding the 7.940 white resi- 
dents and 1.905 black residents on the base, the district is 60.6% black in total popula- 
tion. Only 254 of the base residents are currently registered to vote (see Attachment A 
from the Wayne County Board of Elections). District 98 is 59.26% black in total 
population. District 28 is 58.23% black in total population. 

The first report, Districts Statistics, shows deviations from the ideal population. The 
total range of deviation is 9.97%. The second report, Total Population, shows census 



1991] SENATE JOURNAL 29 

information by race for each House district. The third report, Voting Age Populations, 
shows voting age population by race. The fourth report, Registration, shows voter regis- 
tration for each House district by race and by political party. There is no separate listing 
for unaffiliated voters, who constitute the balance, because of a limit on the number of 
columns in the report. 

The fifth report, County Population by District, shows for each district the total num- 
ber of persons, by race, from each county in that district. The sixth report, County Split 
Assignments, shows the districts within each county and the number of persons, by race, 
from each district in that county. The seventh report, Units With Differing Assignments 
Between Plans, shows changes from 1991 HOUSE BASE PLAN #3, the plan enacted by 
the 1991 Regular Session of the General Assembly (Chapter 675, 1991 Session Laws). 

H.B. 3 (Committee Substitute), a bill to divide North Carolina into twelve congres- 
sional districts. 

SUBJECT: 1992 CONGRESSIONAL BASE PLAN #10-Explanation/Statistics 

The House Congressional Redistricting Committee today approved Congressional 
Redistricting Plan 1992 CONGRESSIONAL BASE PLAN #10. The plan has a total 
population deviation of 1. 

The Plan creates two majority black congressional districts. 

Attached are six statistical reports, a map of the State, and maps of each proposed 
district. The first statistical report shows population deviation, the second covers total 
population, the third voting age population, and the fourth voter registration. The fifth 
report shows for each county which district or district it is in, with population breakouts 
by race. The sixth report shows for each district which counties are in it, with population 
breakouts by race. Also attached is a memorandum discussing analysis of voter 
registration statistics. 



F eb ru ar y 3, 1 9 9 2 (See page 26) 

It is noted the following bills and joint resolution were filed for introduction by Senator 
Winner and not presented to the Senate prior to adjournment under the provisions of 
Resolution 4: 

S.B. 9, a bill to provide for further alteration of the 1992 election timetable. 

S.B. 10, a bill to provide for further alteration of the 1992 election timetable. 

S.J.R. 11, a joint resolution setting the time for adjournment of the 1991 Extra 
Session of the General Assembly to reconvene in 1992. 



January 14, 1992 



APPENDIX 



1991] SENATE JOURNAL 33 

EXECUTIVE ORDERS 

of the 
GOVERNOR OF THE STATE 

OF NORTH CAROLINA 

JAMES G. MARTIN 

In compliance with G.S. 150A (Art. 5) and Chapter 479 (S.B.I [Sec. 152]) of the 
1985 Session Laws, the Office of the Governor of the State of North Carolina has filed 
with the Senate Principal Clerk a copy of all Executive Orders issued following adjourn- 
ment of the 1991 Regular Session through January 6, 1992, as summarized below. 

The full text of Executive Orders 147 through 159 can be found in the Session Laws of 
the 1991 General Assembly, Second Session 1992. 

Executive Date of 

Order Title Issuance 

147 Establishment of the Geographic Information 7/30/91 
Coordinating Council and the Transfer of the 

Center for Geographic Information and 

Analysis to the Office of the Governor 
Establishes Geographic Information Coordinating Council, with the concurrence of 
the Information Technology Commission, to consist of twelve members. Governor 
appoints Chair. Shall form standing committees: (a) State Government GIS User 
Committee, (b) State Mapping Advisory Committee (SMAC), (c) Affiliated GIS User 
Group Committee. Purpose: coordinate a state-wide geographic information effort 
among government agencies, academic institutions, and the private sector to improve 
quality, access, cost effectiveness and promotion as a strategic resource for the State. 
Advise Governor, Legislature, and ITC as to direction, responsibilities, and funding. 
Transfers (Type I) Center for Geographic Information and Analysis from Department 
of Environment, Health, and Natural Resources to State Policy and Planning in Office of 
Governor. Effective until June 30, 1995 or until rescinded. 

148 Governor's Task Force on Health Objectives 8/6/91 
for the Year 2000 

Establishes Governor's Task Force on the Year 2000 Health Objectives of not more 
than 25 serving at the pleasure of the Governor. Governor designates Chair. Purpose: 
list health objectives obtainable by 2000 emphasizing health promotion and disease 
prevention to increase life span of citizens, and remove disparities of disadvantaged. 
Administrative support: by grant for Reynolds Health Care Trust through 
Departments of Environment, Health, and Natural Resources and Human Resources. 
Report to Governor by September 1 , 1992 . Effective upon completion and delivery of 
objectives to Governor. 

149 Rescission of Executive Order Number 79 8/15/91 
Which Established the North Carolina Small 
Business Council 

As title indicates 

150 North Carolina Human Service Transportation 8/21/91 
Council 

Establishes North Carolina Human Service Transportation Council composed of 
representatives from Departments of Transportation, Human Resources, Economic and 
Community Development to include all divisions which administer federal and state 
funds providing human service transportation at local levels. Duties: implement 
policies of Council, recommend plans to appropriate State agency, review components of 



34 SENATE JOURNAL [Extra Session 

plans requesting funding, approve purchase of vehicles, advise and recommend 
Department of Transportation on human service transportation policy. Effective until 
July 1, 1993. 

151 Governor's Advisory Commission on 9/11/91 
Military Affairs 

Re-establishes Governor's Advisory Commission on Military Affairs of thirty 
members, fifteen appointed by Governor for two year terms and fifteen permanent 
members. Governor designates Chair. Duties: provide forum concerning military 
installations and retired personnel; formulate goals enhancing cooperation between 
military, communities, and government entities; strengthen defense-related business; 
study strengthening military presence in State; review military affairs legislation; advise 
Governor of activities to promote military installations within State. Staff provided by 
Department of Crime Control and Public Safety. Effective immediately. 

152 Establishing the Persian Gulf War Memorial 9/11/91 
Commission 

Establishes non-profit Persian Gulf War Memorial Commission consisting of: two 
Persian Gulf casualty relatives; base commanders of Fort Bragg, Camp LeJeune, U.S. 
Marine Corps Air Station at Cherry Point, Seymour Johnson Air Force Base, Pope Air 
Force Base, Coast Guard Station at Fort Macon, New River Air Station, Elizabeth City 
Coast Guard Station or designees; member of N.C. Veterans Council; member N.C. 
Veteran Affairs Commission; Adjutant General N.C. National Guard; Senior 
Commander U.S. Army Reserve from N.C; Lieutenant Governor; Secretary 
Department of Administration; Secretary Department of Crime Control and Public 
Safety; Director U.S. Department of Veteran Affairs Regional Office. Governor 
appoints Chair. Purpose: develop plans for funding memorial, select site, design, and 
construction firm. Administrative support: Department of Administration Division 
of Veterans Affairs. Effective immediately. 

153 North Carolina 2000 9/24/91 
Establishes North Carolina 2000 Steering Committee serving at pleasure of Governor. 
Purpose: officially adopt and develop plans to achieve national education goals 
outlined by President Bush; strategy to challenge development of community action 
teams; develop state-wide dissemination of information; develop progress report 
through annual state-wide report; seek funding for "New American School'* from U.S. 
Department of Education. Administrative support: Office of Governor. Report: 
semi-annually to Governor. Effective until June 30, 1993. 

154 Amending Executive Order Number 53, 9/30/91 
The Governor's Inter-Agency Advisory Team 

on Alcohol and Other Drug Abuse 
Amends Executive Order Number 53, as amended and extended by Executive Order 
Number 144. Adds a member from the North Carolina Commission on Indian Affairs. 
Effective immediately. 

155 Amending Executive Order Number 65, 10/17/91 
North Carolina State Defense Militia 

Amends Executive Order Number 65 by adding at the end of the fourth "WHEREAS" 
clause: "or when otherwise called upon by the Governor"; and at the end of Section 1: 
"and, when otherwise called upon by the Governor." Effective immediately. 

156 Establishing the North Carolina Committee on 10/17/91 
Literacy and Basic Skills and Rescinding 

Executive Order Number 90, Governor's 

Advisory Council on Literacy 
Establishes North Carolina Committee on Literacy and Basic Skills of thirteen 
members appointed and serving at pleasure of the Governor. Terms: July 1, 1991 to 
December 31, 1992. Purpose: Advise Governor, State Board of Community Colleges, 



1991] SENATE JOURNAL 35 

and other public policy and education leaders on basic skill issues and needs for adults; 
foster cooperation of public and private sectors to meet needs of higher basic skills in 
workplace; expand awareness of need for literacy. Administrative support: State 
Board and Department of Community Colleges. Rescinds Executive Order Number 
90, Governor's Advisory Council on Literacy. Effective immediately. 

157 Waiving Certain Penalties Pursuant to 11/8/91 
Chapter 166A of the General Statutes of 

North Carolina 
Pursuant to G.S. 166A-4(3) and 166A-6(c)(3) the Governor, with concurrence of 
Council of State, may waive penalties under G.S. 20-88, 20-96 and 20-118 for 
exceeding weight limits of vehicles transporting unprocessed peanuts and unginned 
cotton to processing facilities. Penalties waived except where vehicles exceed maximum 
gross weight established by manufacturer or for cotton module trucks having tandem axle 
weights in excess of 44,000 pounds. Effective until February 1, 1992. 

158 Republishing and Amending Executive Order 12/17/91 
Number 137, EscrowingContributions to the 
Teachers' and State Employees' Retirement System 

Amends and republishes Executive Order Number 137, as amended by Executive 
Order Number 138 by adding "and the Consolidated Judicial Retirement System" after 
"Teachers' and State Employees' Retirement System," wherever it appears except in 
Section 2 where the words "4.49% of the compensation paid by the State to the 
Consolidated Judicial Retirement System" shall be inserted following said words. Adds 
the word "two" before "System" in fourth line of third paragraph and makes word 
"System" plural. Renumbers Section 3 as Section 4, puts period after "rescinded" and 
deletes rest of section. Adds new Section 3, as follows: Section 3. To the extent 
necessary after June 30, 1991, the office of State Budget and Management may make 
corrections to State contributions withheld in order to accurately account for funds 
managed in Section 2, hereof." Effective immediately. 

159 North Carolina Governor's Commission on 1/6/92 
Workforce Preparedness, Terminating 

Executive Order Number 107 
Establishes North Carolina Governor's Commission on Workforce Preparedness 
consisting of North Carolina Job and Training Council and North Carolina Advisory 
Council on Vocational and Applied Technology Education. Governor appoints from 
members Chairman , and Executive Board of not more than seven ; Chair of Commission 
is Chair of Board. Commission and Board shall (by simple majority) establish bylaws; 
create Inter- Agency Coordinating Committee (ICC) of senior-level management from 
state departments that are vocational-, basic and remedial education-, employment-, 
and job training-related. ICC Chair appointed by Chair of Commission. Purpose: 
Advise Governor, General Assembly, State and public agencies, and private sector of 
recommended policies and programs coordinated within federal mandates; establish 
market-driven and customer-focused criteria to provide entry at any point into system; 
collect data to evaluate and track clients; and evaluate program outcome. Report: 
biennially to Governor and General Assembly to include goals, objectives, and 
recommended policy and funding changes for next biennium and evaluation of last 
biennium. Terminates Executive Order Number 107. Effective January 3, 1992. 



36 SENATE JOURNAL [Extra Session 

December 30. 1991 (See page 11) 

North Carolina General Assembly 

Legislative Services Office 
Legislative Office Building 
300 N. Salisbury Street, Raleigh, N.C. 27603-5925 

December 19, 1991 
MEMORANDUM 

TO: Members of the General Assembly 

FROM: Representative Daniel T. Blue, Jr., Speaker 

Senator Henson P. Barnes, President Pro Tempore 
SUBJECT: Voting Rights Act 

We attach for your information the letter from the Department of Justice objecting to 
our redistricting plans. We have asked the Governor to call an extra session of the 
General Assembly for Monday, December 30, 1991 at 10:00 a.m. to deal with the issue 
of postponing the filing period. You will be receiving more information about this 
session. 



D ece mb er 30, 1991 (See page 14) 



NORTH CAROLINA 
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT 

James G. Martin, Governor Ernest C. Pearson, Assistant Secretary 

Estell C. Lee, Secretary Economic Development 

October 24, 1991 

The Honorable James C. Gardner 
Lieutenant Governor 
Office of the Lieutenant Governor 
Raleigh, North Carolina 27603-8006 

Dear Lt. Governor Gardner: 

On October 15, 1991, Governor Martin executed a Sister State Agreement with the 
Province of Taiwan. This will foster even better economic ties with a partner that already 
is one of our leading trade partners. 

In accordance with the wishes of the Province of Taiwan, I am transmitting herewith 
an original of this agreement to be retained in the permanent records of the Senate. 



Please contact me if you have any questions. 



Sincerely, 

SlErnest C. Pearson 



1991] SENATE JOURNAL 37 

Agreement for the Establishment 

of a Sister State Relationship 

between 

The State of North Carolina of the United States of America 

and 
The Province of Taiwan of the Republic of China 

Desiring to establish lasting and friendly relations between them, the State of North 
Carolina in the United States of America and the Province of Taiwan in the Republic of 
China, do hereby formally agree to enter into a Sister State relationship. 

Upon the basis of Sino- American traditional friendship and cordial relations, the two 
sister entities will promote interchanges in various areas with the object of deepening 
mutual understanding and good- will. They will cooperate and work together to bring 
about mutual welfare and prosperity. The two Sister States are united in the firm belief 
that this affiliation will bind the people of the State of North Carolina and the people of 
the Province of Taiwan in everlasting bonds of friendship and, at the same time, will 
mark another milestone in the economic, trade, social and cultural developments of both 
the State of North Carolina and the Province of Taiwan. 

In witness whereof, this Agreement is signed in Taipei, Republic of China on the 
fifteenth day of October, 1991. 

State of North Carolina Province of Taiwan 

United States of America Republic of China 

S/James G. Martin S/Lien Chan 

Governor Governor 

S/Estell C. Lee S/(Not Translated) 

Witness Witness 



38 SENATE JOURNAL [Extra Session 

February 6. 1992 (See page 27) 

The following letter was submitted to the Office of the Senate Principal Clerk from the 
Office of the President Pro Tempore on February 6, 1992, following adjournment: 



(FEB - 6 - 92 THU 16:30 VA PILOT & LEDGER STAR P. 01) 

Civil Rights Division 

Office of the Assistant Attorney General Washington, D.C. 20035 

February 6, 1992 

Tiare B. Smiley, Esq. 

Special Deputy Attorney General 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

Dear Ms. Smiley: 

This refers to Chapter 7, (1991 Extra Session), which provides for the redistricting of 
congressional districts and an increase from eleven to twelve congressional districts; 
Chapter 5 (1991 Extra Session) , which provides for the redistricting and a change in the 
method of election from 42 single-member districts and 30 multimember districts to 81 
single-member districts and 17 multimember districts for the North Carolina House of 
Representatives; and Chapter 4 (1991 Extra Session), which provides for the redistrict- 
ing and a change in the method of election from 22 single-member districts and 28 multi- 
member districts to 34 single-member districts and 8 multimember districts for the 
Senate for the State of North Carolina, submitted to the Attorney General pursuant to 
Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S. C. 1973c. We received 
the House and Senate submissions on January 17, 1992; supplemental information was 
received on January 23, 24, 27, 28, and 30, 1992. We received the congressional 
submission on January 28; supplemental information was received on January 31. 

The Attorney General does not interpose any objection to the specified changes con- 
tained in the three plans. However, we note that Section 5 expressly provides that the 
failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. In addition, as authorized by Section 5, we reserve the right 
to reexamine this submission if additional information that would otherwise require an 
objection comes to our attention during the remainder of the sixty-day review period. 
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 

Sincerely, 
S/John R. Dunne 
Assistant Attorney General 
Civil Rights Division 



INDEX 






40 



SENATE JOURNAL [Extra Session 

SENATE NUMERICAL INDEX 



BILL/RESOLUTION Page Nos. 

S 1 Delay 1992 Candidate Filing (H l)(Ch. 1) 12,14,15. 

S 2 Senate Redistricting— 1 (Ch. 4) 12,16,17,20,28. 

S 3 Congressional Redistricting— 2 (Redist) 12. 

S 4 Lower ESC Reserve Fund Cap (H 13) (Ch. 6) 12, 15, 17, 22, 23. 

S 5 Senate Redistricting— 2 (Redist) 13. 

S 6 Adjourn/Reconvene Extra Session (H 12) (Res. 1) 14, 15. 

S 7 Dare Commissioner Districts (Ch. 2) 16, 19. 

S 8 Adjourn/Reconvene Extra Session (Res. 3) 23, 24. 

S 9 Primary and Filing Schedule (filed) 29. 

S 10 Primary and Filing Schedule (filed) 29. 

S 11 Adjourn/Reconvene Extra Session (filed) 29. 



HOUSE NUMERICAL INDEX 

BILL/RESOLUTION 

H 1 Delay 1992 Candidate Filing (Ch. 9) 25,26. 

H 2 House Redistricting (Ch. 5) 19,20,28. 

H 3 Congressional Redistricting (Ch. 7) 23, 29. 

H 14 High Point Election Clarification (Ch. 3) 18, 19. 

H 15 Technical Correction (Ch. 8) 24. 

H 16 Adjourn/Reconvene Extra Session (Res. 2) 20. 

H 19 Adjourn Extra Session Sine Die (Res. 4) 25, 26, 27. 



RATIFIED BILLS-SESSION LAWS 

Chapter Bill Number 

1 S 1 15 

2 S 7 19 

3 H 14 19 

4 S 2 20 

5 H 2 20 

6 S 4 22, 23 

7 H 3 23 

8 H 15 24 

9 H 1 26 



RATIFIED RESOLUTIONS 



Resolution Res. Number 

1 S 6 15 

2 H 16 20 

3 S 8 24 

4 H 19 26 



1991] SENATE JOURNAL 41 

ALPHABETICAL INDEX 



ABSENCE, LEAVE OF — see also Individual Senator 

Leaves Granted 11, 18, 21, 22, 23, 25. 

Presence Recorded 11. 

ADDENDUM 28. 

ADJOURNMENT 

Daily 15, 18, 20, 21, 22, 24, 27. 

Reconvene 

January 13, 1992 

S 6 (H 12)(Res. 1) 14, 15. 

January 22, 1992 

H 16 (Res. 2) 20. 

February 3, 1992 

S 8 (Res. 3) 23, 24. 

February 13, 1992 

S 11 (filed) 29. 

February 17, 1992 (Disapproval of Plans) 

H 19 (Res. 4) 25,26,27. 

Sine Die (Approval of Plans) 

H 19 (Res. 4) 25,26,27. 

ALLRAN, Austin M. — Senator Alexander, Catawba, Iredell, 

Yadkin— 26th District 

APPENDIX 11, 13, 14, 17, 27, 33. 

APPOINTMENTS — see Committees 

BALLANCE, JR., Frank W.— Senator Bertie (part), Edgecombe (part), 

Gates (part), Halifax (part), Hertford, 

Martin (part), Northampton, 

Warren (part)— 2nd District 

BARNES, Henson P.— Senator Greene, Wayne— 8th District 

President Pro Tempore 

Adjournment Motion 15, 18, 21. 

Appoints Standing/Select Committees 12. 

Committee Meetings Interim Authorization 13. 

Declares Adjournment 

Day Certain 22, 24. 

Sine Die 27. 

Journal Approval Motion 16, 21. 

Presides 18, 24, 25. 

Primary Sponsor 

Senate Bill 1 12. 

Senate Bill 6 14. 

Senate Bill 8 23. 

BASNIGHT, Marc— Senator Beaufort (part), Bertie (part), Camden, 

Chowan, Currituck, Dare, Gates (part), 

Hyde, Pasquotank, Perquimans, Tyrrell, 

Washington— 1st District 

Adjournment Motion 24, 26. 

Adjournment Motion, Second 22. 

Presides 23. 

Primary Sponsor 

Senate Bill 7 16. 

BLACKMON, John Gerald "Jerry"— Senator Mecklenburg (part) 

—35th District 
Absent With Leave 23. 



42 SENATE JOURNAL [Extra Session 

BLOCK, Franklin L. "Frank"— Senator New Hanover, 

Pender (part)— 7th District 

Absent With Leave 21, 22, 23. 

BRYAN, Howard F. — Senator Alexander, Catawba, Iredell, 

Yadkin— 26th District 

Point of Order SB 7 Eligibility 17. 

Co-Sponsor 

Senate Bill 4 12. 

BUSINESS CONCLUDED 

House of Representatives Notified 26. 

Senate Notified 26. 

CARPENTER, Robert C. "Bob"— Senator Cherokee, Clay, Graham, 

Haywood, Henderson, Jackson, Macon, 

Polk, Swain, Transylvania — 29th District 

CARTER, John— Senator Cleveland, Gaston, Lincoln, 

Rutherford— 25th District 

Absent With Leave 25. 

COCHRANE, Betsy L.— Senator Davidson, Davie, Rowan— 23rd District 

Adjournment Motion, Second 15. 

Co-Sponsor 

Senate Bill 5 13. 

COMMITTEES 

Appointment of Standing/Select 12. 

Meetings 

Interim 13. 

Recess to Meet 15, 19, 25. 

Redistricting Committee 14. 

Reports 

Finance Committee 15, 16. 

Redistricting Committee 19. 

Rules and Operation of the Senate Committee 25. 

CONDER, J. Richard — Senator Anson, Montgomery, Richmond, 

Scotland, Stanly, Union— 17th District 
CONGRESS, UNITED STATES 

Districts Established [G.S. 163-201] 

S 3 (Redistricting Com.) 12. 

H 3 (Ch. 7) 23, 29. 

CONVENES 

Day Certain 16, 18, 20, 21, 22, 24. 

Following Recess 15, 18, 19, 21, 22, 25. 

Proclamation 5. 

COOPER III, Roy A.— Senator Edgecombe (part), Halifax (part), 

Nash, Warren (part), 
Wilson (part) — 10th District 
COUNTY COMMISSIONERS — see Individual County 
COURTESIES 

Fiscal Research Staff (Carol Shaw) 17. 

DANIEL, George B.— Senator Alamance, Caswell— 21st District 

Honorary Page Certificate (Leah Catherine) 15. 

DARE COUNTY 

Commissioners Election 

S 7 (Ch. 2) 16, 19. 

DAUGHTRY, N. Leo— Senator Johnston, Sampson— 15th District 

Primary Sponsor 

Senate Bill 5 13. 



1991] SENATE JOURNAL 43 

DISTRICTS 

Established/Seats Apportioned 

Congress, United States [G.S. 163-201] 

S 3 (Redisricting Com.) 12. 

H 3 (Ch. 7) 23, 29. 

House of Representatives, North Carolina [G.S. 120-2] 

H 2 (Ch. 5) 19, 20, 28. 

Senate, North Carolina [G.S. 120-1] 

S 2 (Ch. 4) 12, 16, 17, 20, 28. 

S 5 (Redisricting Com.) 13. 

Plan Disapproved/General Assembly Reconvene 

H 19 (Res. 4) 25, 26, 27. 

ELECTIONS [G.S. 163] 
Filing Date Extended 

S 1 (H l)(Ch. 1) 12,14,15. 

Timetable Alterations 

S 9 (filed) 29. 

S 10 (filed) 29. 

H 1 (Ch. 9) 25, 26. 

EMPLOYMENT SECURITY [G.S. 96] 
Reserve Fund Threshold Lowered 

S 4 (H 13)(Ch. 6) 12, 15, 17, 22, 23. 

EXECUTIVE ORDERS [G.S. 147-16.1] 

Number 147 — Geographic Information Coordinating Council 13, 33. 

Number 148— Health Objectives Year 2000 13, 33. 

Number 149 — Small Business Council (Rescinds No. 79) 13, 33. 

Number 150 — Human Service Transportation Council 13, 33. 

Number 151 — Military Affairs Advisory Commn 13, 34. 

Number 152 — Persian Gulf War Memorial Commission 13, 34. 

Number 153— North Carolina 2000 13, 34. 

Number 154 — Alcohol and Drug Abuse Advisory Team 

(Amends No. 53) 13, 34. 

Number 155 — State Defense Militia (Amends No. 65) 13, 34. 

Number 156 — Literacy and Basic Skills (Rescinds No. 90) 13, 34. 

Number 157— Penalties Waived G.S. 166A 14, 35. 

Number 158 — Teachers/St. Employees Retirement Escrow 

(Amends/Republishes No. 137) 14, 35. 

Number 159— Workforce Preparedness (Terminates No. 107) 17, 35. 

FORRESTER, James "Jim"— Senator Cleveland, Gaston, 

Lincoln, Rutherford — 25th District 
Absent With leave 23, 25. 

GARDNER, JAMES C. — see Lieutenant Governor 

GOLDSTON, JR., William D.— Senator Alleghany, Ashe, Rockingham, 

Stokes, Surry, Watauga— 24th District 
GOVERNOR 

Lieutenant Governor — see Lieutenant Governor 

Proclamation Convening Session 5. 

GUILFORD COUNTY 

High Point Election Filing Dates 

H 14 (Ch. 3) 18, 19. 



44 SENATE JOURNAL [Extra Session 

HARTSELL, JR., Fletcher L. "Fletch"— Senator Cabarrus, 

Mecklenburg (part) — 22nd District 

Absent With Leave (portion of day) 25. 

HIGH POINT — see Guilford County 
HOUSE OF REPRESENTATIVES 

Business Concluded/Senate Notified 26. 

Districts— see Districts 

Organized/ Senate Notified 12. 

HUNT, Ralph A.— Senator Durham, Granville, 

Orange (part), Person — 13th District 
HYDE, Herbert Lee— Senator Buncombe, Madison, 

McDowell, Yancey— 28th District 



JOHNSON, Joseph E. "Joe"— Senator Harnett, Lee, 

Wake (part) — 14th District 

Absent With Leave 22. 

Adjournment Motion, Second 20, 21. 

Primary Sponsor 

Senate Bill 2 12. 

JOURNAL 

Approved 16, 18, 21, 22, 25. 

Corrected 22. 

JUSTICE DEPARTMENT — see United States 



KAPLAN, Ian Theodore "Ted"— Senator Forsyth (part)— 20th District 

Majority Leader 

Absent With Leave 11. 

KINCAID, Donald R.— Senator Avery, Burke, Caldwell, Mitchell, 

Wilkes— 27th District 

Presence Noted 11. 



LEE, Howard N. — Senator Chatham, Moore, Orange (part), 

Randolph— 16th District 

Prayer 22. 

LIEUTENANT GOVERNOR— James C. Gardner 

President of the Senate 

Addresses Senate 23. 

Declares Adjournment to Day Certain 15, 18, 20, 21. 

Presides 5, 15, 16, 18, 19, 20, 21, 22. 



MARTIN, R. L. "Bob"— Senator Edgecombe (part), Martin (part), 

Pitt (part), Wilson (part)— 6th District 
MARTIN, William N. "Bill"— Senator Guilford (part)— 31st District 

MARVIN, Helen Rhyne— Senator Cleveland, Gaston, Lincoln, 

Rutherford— 25th District 
MURPHY, Wendell H.— Senator Duplin, Jones, Lenoir, 

Pender (part) — 5th District 

ODOM, T. L. "Fountain"— Senator Mecklenburg (part)— 34th District 
Absent With Leave 25. 

OFFICERS 3, 11. 

ORGANIZED 

House of Representatives Notified 12. 

Senate Notified 12. 



1991] SENATE JOURNAL 45 

PAGES 

Honorary (Leah Catherine Daniel) 15. 

PARNELL, David R.— Senator Hoke, Robeson— 30th District 

Absent With Leave 23. 

PERDUE, Beverly M.— Senator Carteret, Craven, Pamlico— 3rd District 

Absent With Leave 18. 

PLEDGE OF ALLEGIANCE 5. 

PLEXICO, Clark— Senator Cherokee, Clay, Graham, Haywood, 

Henderson, Jackson, Macon, Polk, 

Swain, Transylvania — 29th District 

PLYLER, Aaron W. — Senator Anson, Montgomery, Richmond, 

Scotland, Stanly, Union— 17th District 
POLLARD, B. Tommy— Senator Onslow— 4th District 

PRAYER 

Lee, The Honorable Howard N 22. 

Senate Chaplain, Steve Lucas 5, 16, 18, 20, 21, 24. 

PRESIDENT OF THE SENATE — see Lieutenant Governor 
PRESIDENT PRO TEMPORE — see Barnes, Henson P.— Senator 
PRIMARY — see Elections 
PRISONS 

Satellite Jail/Work Release Statutory Citation 

H 15 (Ch. 8) 24. 

PROCLAMATION OF GOVERNOR 5. 

PUBLIC HEARING 

Redistricting Committee— January 8, 1992 14. 

QUORUM 11. 



RAYNOR, Joseph B.— Senator Cumberland (part) — 12th District 

RESOLUTIONS, JOINT 

Adjourn to Reconvene 
January 13, 1992 

S 6 (H 12)(Res. 1) 14, 15. 

January 22, 1992 

H 16 (Res. 2) 20. 

February 3, 1992 

S 8 (Res. 3) 23, 24. 

February 13, 1992 

S 11 (filed) 29. 

February 17, 1992 

H 19 (Res. 4) 25, 26, 27. 

Adjourn Sine Die 

H 19 (Res. 4) 25, 26, 27. 

RICHARDSON, James F. "Jim"— Senator Mecklenburg (part) 

—33rd District 

ROYALL, JR., Kenneth C— Senator Durham, Granville, 

Deputy President Pro Tempore Orange (part), Person— 13th District 

Absent With Leave ■ 22, 23, 25. 

Journal Approval Motion 18. 

Primary Sponsor 

Senate Bill 4 12. 

RULES, Permanent Adopted 12. 

RULINGS 

Eligible Under Proclamation 

S7 17. 

H 15 24. 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1991 GENERAL ASSEMBLY 
SECOND SESSION 1992 

JAMES C. GARDNER, President Rocky Mount 

HENSON P. BARNES, President Pro Tempore Goldsboro 

KENNETH C. ROYALL, JR. , Deputy President Pro Tempore Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR. , Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Cary 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 FRANK W. BALLANCE, JR Warrenton 

3 BEVERLY M. PERDUE New Bern 

4 B. TOMMY POLLARD Jacksonville 

5 WENDELL HOLMES MURPHY Rose Hill 

6 R. L. MARTIN Bethel 

7 FRANKLIN L. BLOCK Wilmington 

8 HENSON P. BARNES Goldsboro 

9 ED N. WARREN Greenville 

10 ROY A. COOPER III Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 JOSEPH B. RAYNOR Fayetteville 

LURA S. TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILLIAM W. STATON Sanford 

J. K. SHERRON, JR Raleigh 

15 N. LEO DAUGHTRY Smithfield 

16 RUSSELL G. WALKER Asheboro 

HOWARD N. LEE Chapel Hill 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 MARVIN M. WARD Winston-Salem 

I. T. KAPLAN Lewisville 

21 GEORGE B. DANIEL Yanceyville 

22 FLETCHER L. HARTSELL, JR Concord 

23 PAUL S. SMITH Salisbury 

BETSY L. COCHRANE Advance 

24 WILLIAM D. GOLDSTON, JR Eden 

A. P. SANDS III Reidsville 

25 JOHN CARTER Lincolnton 

JAMES FORRESTER Stanley 

HELEN RHYNE MARVIN Gastonia 

26 AUSTIN M. ALLRAN Hickory 

HOWARD F. BRYAN Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL R. SIMPSON Morganton 

28 HERBERT LEE HYDE Asheville 

DENNIS J. WINNER Asheville 

29 CLARK PLEXICO Hendersonville 

ROBERT C. CARPENTER Franklin 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 MARY P. SEYMOUR Greensboro 

33 JAMES F. RICHARDSON Charlotte 

34 T.L. ODOM Charlotte 

35 JOHN GERALD BLACKMON Charlotte 

Districts (See Appendix) 



46 SENATE JOURNAL [Extra Session 

SANDS III, A. P. "Sandy"— Senator Alleghany, Ashe, Rockingham, 

Stokes, Surry, Watauga— 24th District 

Absent With Leave 23. 

Adjournment Motion, Second 18. 

SENATORIAL DISTRICTS — see Districts 

SEYMOUR, Mary— Senator Guilford (part)— 32nd District 

Absent With Leave 21 , 22, 23, 25. 

SHAW, Robert G. "Bob"— Senator Forsyth (part), 

Guilford (part) — 19th District 
Minority Leader 

Adjournment Motion, Second 24. 

Committee Appointments 12. 

SHERRON, JR., J. K.— Senator Harnett, Lee, 

Wake (part) — 14th District 

Adjournment Motion 20. 

SIMPSON, Dan R.— Senator Avery, Burke, Caldwell, 

Mitchell, Wilkes— 27th District 

Presence Noted 11. 

SISTER STATE AGREEMENT 14, 36. 

SMITH, Paul S.— Senator Davidson, Davie, Rowan— 23rd District 

Absent With Leave 11. 

SOLES, JR., R. C— Senator Bladen, Brunswick, Columbus, 

Cumberland (part) — 18th District 
SPEED, James D.— Senator Franklin, Vance, Wake (part)— 11th District 

Absent With Leave 23. 

STATON, William W.— Senator Harnett, Lee, 

Wake (part) — 14th District 
Presence Noted 11. 

TALLY, Lura S.— Senator Cumberland (part)— 12th District 

TAXATION [G.S. 105] 

Employment Security Commission Reserve Fund 

S 4 (H 13)(Ch. 6) 12,15,17,22,23. 

TECHNICAL CORRECTION 

Satellite Jail/Work Release Unit (Ch. 486—1991) 

H 15 (Ch. 8) 24. 

UNITED STATES 

Congressional Districts — see Districts 

Department of Justice Findings 6, 8, 36. 

WALKER, Russell G.— Senator Chatham, Moore, Orange (part), 

Randolph— 16th District 

Award— Randolph Citizen of Year 23. 

Primary Sponsor 

Senate Bill 3 12. 

WARD, Marvin— Senator Forsyth (part)— 20th District 

WARREN, Ed N.— Senator Beaufort (part), Martin (part), 

Pitt (part)— 9th District 
WINNER, Dennis J. — Senator Buncombe, Madison, McDowell, 

Yancey— 28th District 

Adjournment Motion 22. 

Journal Approval Motion 22, 25. 

Primary Sponsor 

Senate Bill 9 29. 

Senate Bill 10 29. 

Senate Bill 11 29. 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



1991 SESSION 

SECOND SESSION 

1992 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1991 GENERAL ASSEMBLY 
SECOND SESSION 1992 

JAMES C. GARDNER, President Rocky Mount 

HENSON P. BARNES, President Pro Tempore Goldsboro 

KENNETH C. ROYALL, JR. , Deputy President Pro Tempore Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR. , Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Cary 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 FRANK W. BALLANCE, JR Warrenton 

3 BEVERLY M. PERDUE New Bern 

4 B. TOMMY POLLARD Jacksonville 

5 WENDELL HOLMES MURPHY Rose Hill 

6 R. L. MARTIN Bethel 

7 FRANKLIN L. BLOCK Wilmington 

8 HENSON P. BARNES Goldsboro 

9 ED N. WARREN Greenville 

10 ROY A. COOPER III Rocky Mount 

1 1 JAMES D. SPEED Louisburg 

12 JOSEPH B. RAYNOR Fayetteville 

LURA S. TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILLIAM W. STATON Sanford 

J. K. SHERRON, JR Raleigh 

15 N. LEO DAUGHTRY Smithfield 

16 RUSSELL G. WALKER Asheboro 

HOWARD N. LEE Chapel Hill 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 MARVIN M. WARD Winston-Salem 

I. T. KAPLAN Lewisville 

21 GEORGE B. DANIEL Yanceyville 

22 FLETCHER L. HARTSELL, JR Concord 

23 PAUL S. SMITH Salisbury 

BETSY L. COCHRANE Advance 

24 WILLIAM D. GOLDSTON, JR Eden 

A. P. SANDS III Reidsville 

25 JOHN CARTER Lincolnton 

JAMES FORRESTER Stanley 

HELEN RHYNE MARVIN Gastonia 

26 AUSTIN M. ALLRAN Hickory 

HOWARD F. BRYAN Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL R. SIMPSON Morganton 

28 HERBERT LEE HYDE Asheville 

DENNIS J. WINNER Asheville 

29 CLARK PLEXICO Hendersonville 

ROBERT C. CARPENTER Franklin 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 MARY P. SEYMOUR Greensboro 

33 JAMES F. RICHARDSON Charlotte 

34 T.L. ODOM Charlotte 

35 JOHN GERALD BLACKMON Charlotte 

Districts (See Appendix) 



SENATE JOURNAL 

SECOND SESSION 1992 



ONE HUNDREDTH DAY 

Senate Chamber, 
Tuesday, May 26, 1992. 

The Senate meets at 12 M. pursuant to adjournment, as provided by Resolution 30, 
and is called to order by the Honorable James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, we are grateful for the safe travels back to this place by these servants of our 
State. Be for them and for our staff, their Strength and their Calm, in the weeks ahead. 

"We gather here today to begin again to grapple with a task that many families deal 
with on a monthly basis trying to stretch limited funds to address what seems to be 
unlimited needs. 

"Give these here today the same creativity, the same ability to set priorities, and the 
same sensitivity and compassion that many moms and dads across our State exhibit 
when they make budget decisions for their families. 

"For being a loving and fair Parent with us, Father, we give You thanks. Amen." 

Led by the Lieutenant Governor, Members of the Senate, staff, and guests in the 
gallery remain standing and pledge allegiance to the United States of America. 

Senator Barnes, President Pro Tempore, announces the Journal of Tuesday, July 16, 
1991, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Martin of Pitt, who is attending a funeral; to Senator Plexico, who is on a fact-finding 
mission to the Middle East for the National Presbyterian Church; to Senator Sherron, 
who is undergoing post-operative tests; and to Senators Ballance and Richardson. 

Senator Ballance is noted present for a portion of today's Session. 

EXECUTIVE ORDERS 

Executive Orders received following adjournment sine die of the Extra Session of the 
1991 General Assembly (see Appendix) are presented to the Second Regular Session of 
the 1991 General Assembly and referred to committee, as follows: 

Executive Order Number 160, Amendment to Executive Order Number 152, 
Persian Gulf War Memorial Commission. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 



May 26, 1992 



6 SENATE JOURNAL [Second Session 

Executive Order Number 161, Extension of Executive Orders 12, 13, 27, 29, 39, 
55, 109, and 110, Retroactively Extending Various Established Boards and 
Commissions, as follows: 

Deferred Compensation Plan, Board of Trustees; 

Fund for Children and Families Commission; 

State Health Coordinating Council; 

Governor's Task Force on Racial, Religious, and Ethnic Violence and 

Intimidation; 
Martin Luther King Holiday Commission; 
Governor's Highway Safety Commission; 
Sports Development Commission; 

Governor's Advisory Council on International Trade; and 
Travel and Tourism Advisory Committee. 
Referred to State Personnel and State Government Committee. 

Executive Order Number 162, Council on Health Policy Information. 
Referred to State Personnel and State Government Committee. 

Executive Order Number 163, Amendment of Executive Order Number 151, 
Governor's Advisory Commission on Military Affairs. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 164, Extending the Provisions of Executive Order 
Number 114, as Supplemented by Executive Order Number 130 for Fiscal Year 
1991-92, Budget Administration/Hiring Freeze. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 165, Extension and Restructuring of Executive Order 
Number 43, North Carolina Emergency Response Commission. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 166, Amendment to Executive Order Number 119, 
North Carolina Quality Leadership Awards Council. 

Referred to State Personnel and State Government Committee. 

The President directs the Reading Clerk to read the following letter: 

THE UNIVERSITY OF NORTH CAROLINA 

BOARD OF GOVERNORS 

February 25, 1992 

The Honorable James C. Gardner 
Lieutenant Governor of North Carolina 
Legislative Building 
Raleigh, North Carolina 27611 

The Honorable Daniel T. Blue, Jr. 
Speaker of the House of Representatives 
Legislative Building 
Raleigh, North Carolina 27611 

Gentlemen: 

RE: Vacancy on the Board of Governors of the University of North Carolina - 
Seat Formerly Held by Walter Royal Davis 

Under the provisions of G.S. 116-7 the Board of Governors is required to inform you 
when any vacancy occurs in its membership. 



May 26, 1992 



1992] SENATE JOURNAL 7 

The board regrets to inform you that the seat on the Board of Governors previously held 
by Walter Royal Davis is vacant. 

In September 1991, Mr. Davis expressed his intention to resign from the Board of 
Governors and, subsequently, the seat was deemed vacant under the provisions of G.S. 
116-7, effective February 14, 1992. Mr. Davis was elected to an at-large seat by the 
Senate with a four-year term extending through June 30, 1993. 

Mr. Davis served on the Board of Governors from 1981 until February 14, 1992, when 
his seat was deemed vacant. His colleagues appreciate the time, effort, and energy that 
he gave in his service on the board and will miss his insight as well as his leadership. 

Sincerely, 

S/Charles Z. Flack, Jr. 

Secretary 

Board of Governors 

Referred to Higher Education Committee. 



RESOLUTIONS FROM OTHER STATES 

The following joint resolution is received from another legislative body, presented to 
the Senate, read, and ordered placed on file in the Office of the Principal Clerk: 

Wisconsin 1991 Assembly Joint Resolution 27 for the purpose of requesting appropri- 
ate action by the congress to propose an amendment to the U.S. constitution prohibiting 
the physical desecration of the flag of the United States. (The text of this joint resolution 
appears in the Addendum.) 



REPORTS TO GENERAL ASSEMBLY 

The Chair orders the Reading Clerk to read reports from Boards, Commissions, and 
Agencies directed to report to the 1991 Second Regular Session of General Assembly, 
received in the Office of the Principal Clerk, and without objection, orders the reports 
placed on file in the Legislative library. (See Addendum) 

Senator Conder rises to a point of personal privilege and announces to the members of 
the Senate the award of an Honorary Doctoral Degree bestowed on Senator Plyler by 
Wingate College in Wingate, North Carolina. The Senate warmly responds to the honor 
with an ovation. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns at 
12:30 P.M. to meet tomorrow, May 27, at 1:30 P.M. 



ONE HUNDRED FIRST DAY 

Senate Chamber, 
Wednesday, May 27, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



May 27, 1992 



8 SENATE JOURNAL [Second Session 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, we hear so much today about the benefits of exercise and a proper diet. We 
are told, and we believe, that a well-nourished and fit physical body, will serve us well as 
we meet the challenges before us. Remind us then, that this truth applies equally to our 
spirits. What food is to the body, so is prayer and reflection to our souls. As exercise is 
to the body, so is the application of the values and beliefs we hold dear in our hearts to the 
problems of daily living. 

"Help each one of us, Father — Senator, staff member, reporter, page, and citizen, to 
nourish and exercise our beliefs and our values, which are the arms and legs of our souls. 
But first of all, help us to look to You, for direction in determining what those beliefs and 
values will be. Amen." 

Senator Barnes, President Pro Tempo re, announces the Journal of yesterday, May 26, 
1992, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

Without objection, the President grants a leave of absence for today to Senator 
Ballance, Senator Plexico, and Senator Sherron. 

The President grants courtesies of the floor to Connie Lynn Chandler, North Carolina 
State Poster Child for the Muscular Dystrophy Association. The Chair directs Senator 
Smith to escort Miss Chandler to the Well of the Senate where she is greeted by Senator 
Barnes, President Pro Tempore. Members of the Senate warmly respond to Miss 
Chandler with a standing ovation. 

Senator Conder rises to a point of personal privilege and announces to the members of 
the Senate the award of an Honorary Doctoral Degree bestowed on Senator William N. 
Martin of Guilford County by North Carolina Agricultural and Technical State 
University. The Senate warmly responds to the honor with an ovation. 

The President recognizes the following pages serving in the Senate this week: Ellen B. 
Carter, Raleigh; Cara Miranda Cope, Timberlake; Elizabeth Monroe DePrater, 
Fayetteville; Mary Loranne Elder, Banner Elk; Brandy Jean Faulkner, Concord; Tonya 
Kay Hales, Stedman; Alison A. Hancock, Hamlet; Danna Leigh Herring, Kenansville; 
Michael Duke Ipock, Rocky Mount; David L. Ivey, Charlotte; Heather Lee Jackson, 
Stedman; Betty Blair Jarvis, Hatteras; Olivia C. Laney, High Point; Matthew Lee, 
Tarboro; Amy Melissa McLamb, Goldsboro; Jane I. Mitchell, High Point; Amanda 
Parrott, Newport; Anna A. Robinson, Durham; Bardin Simmons, Tarboro; Tammy B. 
Smith, Goldsboro; Heather Lynn Weatherly, Rockingham; and Jason Wright, Raleigh. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Daughtry: 

S.B. 967, a bill to revise and consolidate the Charter of the Town of Selma. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Perdue: 

S.B. 968, a bill to set a referendum on possible changes in the electoral system for the 
Town of Oriental. 

Referred to Election Laws Committee. 



May 27, 1992 



1992] SENATE JOURNAL 9 

By Senators Carpenter, Ward, Winner, Hyde, Forrester, Carter, Allran, Hartsell, 
and Daniel: 

S.B. 969, a bill to exempt from sales and use taxes food that is acquired at wholesale 
and then donated to a nonprofit organization. 

Referred to Finance Committee. 

By Senators Perdue and Conder: 

S.R. 970, a Senate simple resolution to establish the procedure for nominating and 
electing one member to fill the vacancy on the Board of Governors of the University of 
North Carolina. 

Referred to Higher Education Committee. 

By Senators Lee, Daughtry, and Block: 

S.B. 971, a bill to transfer railroad supervision and railroad safety supervision from 
the North Carolina Utilities Commission to the Department of Transportation and to 
appropriate funds to support the transfer. 

Referred to Public Utilities Committee and upon a favorable report, re-referred to 
the Finance Committee and upon a favorable report, re-referred to 
Appropriations Committee. 

By Senators Lee, Daughtry, Winner, and Block: 

S.B. 972, a bill to permit public transportation authorities and regional public 
transportation authorities to receive annual sales tax refunds. 
Referred to Finance Committee. 

By Senators Lee, Daughtry, Winner, and Block: 

S.B. 973, a bill to direct the Department of Administration to study and recommend 
methods for encouraging State employees to use public transit in commuting to work. 
Referred to State Personnel and State Government Committee. 

By Senators Lee, Daughtry, Winner, and Block: 

S.B. 974, a bill to allow cities and counties to use property taxes to support public 
transportation without calling a referendum. 
Referred to Finance Committee. 

By Senators Perdue, Cooper, Conder, Smith, Daniel, and Warren: 

S.B. 975, a bill to provide management flexibility to local boards of education and to 

individual schools regarding the operation of the public schools and expenditures for the 

public schools. 

Referred to Education Committee and upon a favorable report, re-referred to the 

Appropriations Committee. 

By Senators Winner and Carpenter: 

S.B. 976, a bill to provide that owners of certain historic motor vehicles and handi- 
capped individuals who had obtained permanent special license plates before October 1 , 
1991, are not required to pay annual motor vehicle registration fees. 

Referred to Finance Committee. 

By Senator Winner: 

S.B. 977, a bill to make appointments to public office upon the recommendation of 
the President Pro Tempore of the Senate and to correct an appointment. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, Sands, and Daniel: 
S.B. 978, a bill to repeal the Statute of Repose for the collection of death benefits 
under the Workers Compensation Act and to allow an action against an employer for the 
removal of machinery guards that results in injury to the employee. 
Referred to Judiciary II Committee. 



May 27, 1992 



10 SENATE JOURNAL [Second Session 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, Sands, andHartsell: 
S.B. 979, a bill to appropriate funds to the Department of Labor for the employment 
of safety and health inspectors and related support staff. 
Referred to Appropriations Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, and Sands: 
S.B. 980, a bill to permit the Commissioner of Labor to impose penalties against 
public agencies for OSHA violations. 
Referred to Judiciary II Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, Sands, and Daniel: 

S.J.R. 981, a joint resolution urging the Congress of the United States to require 

federal agencies responsible for inspecting work places to share information with state 

agencies responsible for the enforcement of state and federal occupational safety and 

health laws. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, and Sands: 
S.B. 982, a bill to require employers to report at least annually on fatalities and 
serious injuries in the workplace, to require the reporting of certain safety data to the 
Commissioner of Labor by various agencies, and to ensure, where appropriate, the 
confidentiality of data released to the Commissioner. 
Referred to Judiciary II Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, and Sands: 
S.B. 983, a bill to establish a workplace requirements program for the safety and 
health of all State employees. 

Referred to Manufacturing and Labor Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, and Sands: 
S.B. 984, a bill to establish an inter-agency task force to study the reorganization of 
State agencies involved with occupational safety and health and fire safety responsibili- 
ties and to report to the LRC Committee on Fire and Occupational Safety at Industrial 
and Commercial Facilities by October 1, 1992. 

Referred to Manufacturing and Labor Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, Sands, and Daniel: 
S.B. 985, a bill to require certain employers to establish safety and health programs 
and safety and health committees in the workplace. 
Referred to Judiciary II Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, and Sands: 
S.B. 986, a bill to create a special emphasis program to target OSHA inspections. 
Referred to Judiciary II Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, and Sands: 
S.B. 987, a bill to clarify the enforcement of the building code by a municipality in its 

extraterritorial jurisdiction and to provide for appointments to the Building Code 

Council. 

Referred to Manufacturing and Labor Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, Sands, and Daniel: 
S.B. 988, a bill to establish a Safety and Health Fund to fund the operation of certain 
State safety-related programs. 

Referred to Appropriations Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, and Sands: 
S.B. 989, a bill to protect employees from retaliatory discrimination in employment 
for engaging in protected activities. 

Referred to Judiciary II Committee. 



May 27, 1992 



1992] SENATE JOURNAL 11 

By Senators Plyler and Conder: 

S.J.R. 990, a joint resolution authorizing the 1991 General Assembly, 1992 Session, 
to consider a bill to be entitled an act to extend the grandfather clause application 
deadline to October 31, 1992. 

Referred to Rules and Operation of the Senate Committee. 

Senator Barnes offers a motion prior to the first reading of the following bill, that the 
measure be held in the Office of the Principal Clerk pending ratification of S.J. R. 990, a 
joint resolution authorizing the 1991 General Assembly, 1992 Session, to consider a bill 
to be entitled an act to extend the grandfather clause application deadline to October 31 , 
1992, which motion prevails. 

By Senators Plyler and Conder: 

S.B. 991, a bill to extend the grandfather clause application deadline to October 31, 
1992. 
The bill is ordered held in the Office of the Principal Clerk. 

By Senators Staton, Carpenter, Conder, Plyler, Forrester, and Daniel: 

S.B. 992, a bill to permit a trust company to be acquired by a bank holding company. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Staton, Carpenter, Conder, Plyler, and Forrester: 

S.B. 993, a bill to make amendments to the Refund Anticipation Loan Act. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Staton, Carpenter, Conder, Plyler, and Forrester: 
S.B. 994, a bill to permit investment of trust assets in mutual funds advised by a 
corporate trustee. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Staton, Carpenter, Conder, Plyler, Forrester, and Bryan: 
S.B. 995, a bill to allow banks and savings associations to merge or consolidate and to 
transfer assets and liabilities to one another. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Staton, Carpenter, Conder, Plyler, Forrester, and Bryan: 
S.B. 996, a bill to eliminate the faithful performance coverage requirements for credit 
unions. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Staton, Carpenter, Conder, Plyler, and Forrester: 
S.B. 997, a bill to make omnibus and technical changes to the savings institutions 
laws. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Staton, Johnson, Sherron, and Forrester: 

S.B. 998, a bill to create the Sanford-Lee County Regional Airport Authority. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Cochrane and Carpenter: 

S.B. 999, a bill to amend the Medicare Supplement Insurance Statutes as required by 
federal law. 

Referred to Insurance Committee. 

By Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, Sands, and Daniel: 
S.B. 1000, a bill to require State construction site safety study and the designation 

of safety officers on State construction sites and to require minority and women 

representation on the State Building Commission. 

Referred to Manufacturing and Labor Committee and upon a favorable report, 

re-referred to the Appropriations Committee. 



May 27, 1992 



12 SENATE JOURNAL [Second Session 

By Senators Plyler, Conder, Martin of Guilford, Smith, Sands, and Daniel: 
S.B. 1001, a bill to appropriate funds for the construction of a hazardous waste 
facility at North Carolina State University. 
Referred to Appropriations Committee. 

WITHDRAWAL FROM COMMITTEE 

S. J.R. 981, a joint resolution urging the Congress of the United States to require 
federal agencies responsible for inspecting work places to share information with state 
agencies responsible for the enforcement of state and federal occupational safety and 
health laws, referred earlier today to the Rules and Operation of the Senate 
Committee. 

Senator Barnes offers a motion that the rules be suspended and the joint resolution be 
taken from the Rules and Operation of the Senate Committee and held in the 
Office of the Principal Clerk, which motion prevails. 

The Chair orders the joint resolution returned to and held in the Office of the Principal 
Clerk. 



REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports, as follows: 

Pursuant to Section 4.4 of Chapter 754 of the 1991 Session Laws, the Study Commis- 
sion on the State Personnel System submits its Interim Report on the State Personnel 
System. 

Pursuant to Section 20 of Chapter 1074 of the 1989 Session Laws, the Veteran's Home 
Study Commission submits its Final Report on the Feasibility of Establishing a State 
Veteran's Home in the State of North Carolina. 

Pursuant to G.S. 143B-426.21 (b)(3), the North Carolina Office of the State 
Controller submits the Annual Information Processing Report and Plan, prepared by the 
Information Technology Commission. 

Pursuant to Article 21 of Chapter 120 of the General Statutes and Chapter 745 of the 
1991 Session Laws, the North Carolina Study Commission on Aging submits an interim 
review on the need for expanding the membership of the Nursing Home/Rest Home 
Penalty Review Committee established under G.S. 131D-3L. 

The Senate accepts the Reports, which are ordered placed on file in the Legislative 
Library. (See Addendum) 

On motion of Senator Barnes, seconded by Senator Blackmon, the Senate adjourns at 
2:05 P.M. to meet tomorrow, May 28, at 1:30 P.M. 



ONE HUNDRED SECOND DAY 

Senate Chamber, 
Thursday, May 28, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



May 28, 1992 



1992] SENATE JOURNAL 13 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, someone once said, 'A person is no fool to give up what they cannot keep in 
order to gain what they cannot afford to lose.' 

"Another asked the question, 'What does it profit a person, if they gain the whole 
world. . . ' be that world financial, professional, or even political, ' . . .and lose their own 
soul?' 

"May we always remember, Father, the very temporary nature of our lives here, and 
may we cultivate, while we are here, the only thing that really lasts — our relationships 
with each other that are built on trust and understanding. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
May 27, 1992, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Sherron and Senator Ballance. 

RESIGNATION OF CHAPLAIN 

Senator Barnes rises to a point of personal privilege and announces the resignation of 
the Reverend Steve W. Lucas as Chaplain of the Senate effective May 31, 1992, and 
submits the letter of resignation. 

The Chair directs the Reading Clerk to read: 



NORTH CAROLINA GENERAL ASSEMBLY 

PRESIDENT PRO TEMPORE 

SENATE 

RALEIGH 27611 



May 14, 1992 

The Honorable Henson P. Barnes 
Office of the President Pro Tempore 
2017 State Legislative Building 
Raleigh, NC 27603-2808 

Dear Senator Barnes: 

I hereby submit to you my resignation as your Executive Assistant, effective May 31, 
1992. 

I also submit my resignation as Chaplain of the North Carolina Senate, also effective 
May 31, 1992. 

I appreciate the opportunity to serve both you, the North Carolina Senate and the 
people of North Carolina in this dual capacity for the last three years. The time spent 
working with you has been most enjoyable and certainly educational. 

In particular, I deeply appreciate the opportunity to serve this Senate as their 
Chaplain. It has meant a great deal to me to be entrusted with the spiritual nurturing of 
this Body. If the truth be known, I feel that each of you has given to me much more than I 
have given you. 

This group in this chamber, members and staff alike, is a family, bound together by a 
common goal. That goal is determining what is best for the people of our state. You are 



May 28, 1992 



14 SENATE JOURNAL [Second Session 

also bound together by a deep respect for each other, even when you disagree. I admire 
each of you for the dedication you have shown to an almost impossible task, namely, 
taking a leadership role on very controversial and complex issues. 

Family members often leave home and move on to other journeys and tasks. And so, 
as I leave this family, I do so with much sadness, with fond memories, and with friend- 
ships that, I believe, will last a lifetime. Thank you for allowing me to be a part of you. 

Sincerely, 
S/Steve W. Lucas 
Chaplain 

Senator Barnes offers a motion courtesies of the floor be extended to Mr . Lucas , which 
motion prevails. The Chair directs Mr. Lucas to the Well of the Senate where he briefly 
addresses the membership with farewell remarks. 

Senator Winner offers a motion the remarks of Mr. Lucas be spread upon the Journal 
which motion prevails with unanimous consent. The remarks of Mr. Lucas are as 
follows: 

Reverend Steve Lucas: 

"You wanted to get me up here one time when I was not prepared. Right? Okay. This 
is a surprise. I do feel deeply honored to have been a part of you. It has meant a lot to me 
to work within this process with you, both as Senator Barnes' Assistant but also as your 
Chaplain. Because I feel that having been here with you, I understand the pressures and 
the toughness of this job that you all have. For somebody of my age, my background to 
be able to come and to share my thoughts with you on a daily basis has been a deep honor 
and a deep privilege, one that I will never forget. I am very grateful to each one of you for 
allowing me to do that. Thank you." 

The Senate stands at ease as Members of the Senate greet and extend their appreci- 
ation to Mr. Lucas as he assumes his responsibilities with the Baptist Theological 
Seminary in Richmond, Virginia. 



AT EASE 

The Senate is called to order by the President of the Senate for the consideration of 
further business. 



REPORT OF THE GENERAL ASSEMBLY 

Senator Warren for the following Committee directed to report to the General Assem- 
bly submits a report (see Addendum) which is accepted and ordered placed on file in the 
Legislative Library, as follows: 

Pursuant to G.S. 120-70.80 and Chapter 754, Sec. 2.1(53) of the 1991 Session 
Laws, the Joint Legislative Education Oversight Committee submits its Report to the 
1991 General Assembly, 1992 Session, which includes the issue of Public School 
Administrator Training. 



REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 



May 28, 1992 



1992] SENATE JOURNAL 15 

By Senator Conder for the Education Committee: 

S. B. 975, a bill to provide management flexibility to local boards of education and to 
individual schools regarding the operation of the public schools and expenditures for the 
public schools, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

On motion of Senator Barnes, the rules are suspended and the bill, as amended, is 
re-referred to the Appropriations Committee without engrossment. 

Without objection, on motion of Senator Barnes, the Senate recesses at 2: 10 P.M. for 
the purpose of a committee meeting to reconvene at 2:25 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson P. 
Barnes, President Pro Tempore. 

RE-REFERRALS 

H.B. 47 (Committee Substitute), a bill supporting the efforts of teachers to control 
their classes and requiring parents to assist in discipling their children at school, referred 
to the Rules and Operation of the Senate Committee on May 23, 1991. 

Senator Winner offers a motion that the rules be suspended and the Committee 
Substitute bill be taken from the Rules and Operation of the Senate Committee 
and re-referred to the Education Committee, which motion prevails. 

The Chair orders the Committee Substitute bill re-referred to the Education 
Committee. 

H.B. 230 (Committee Substitute) , a bill relating to the terms of employment of adult 
part-time public school employees, referred to the Rules and Operation of the 
Senate Committee on May 23, 1991. 

Senator Winner offers a motion that the rules be suspended and the Committee Substi- 
tute bill be taken from the Rules and Operation of the Senate Committee and 
re-referred to the State Personnel and State Government Committee, which 
motion prevails. 

The Chair orders the Committee Substitute bill re-referred to the State Personnel 
and State Government Committee. 

H.B. 357, a bill to specify the powers of the Board of Medical Examiners regarding 
real property, referred to the Rules and Operation of the Senate Committee on 
June 5, 1991. 

Senator Winner offers a motion that the rules be suspended and the bill be taken from 
the Rules and Operation of the Senate Committee and re-referred to the State 
Personnel and State Government Committee, which motion prevails. 

The Chair orders the bill re-referred to the State Personnel and State 
Government Committee. 

H.B. 628 (Committee Substitute), a bill to limit the number of hours that youths 
enrolled in school are allowed to work, referred to the Rules and Operation of the 
Senate Committee on June 6, 1991. 

Senator Winner offers a motion that the rules be suspended and the Committee 
Substitute bill be taken from the Rules and Operation of the Senate Committee 
and re-referred to the Manufacturing and Labor Committee, which motion 
prevails. 



May 28, 1992 



16 SENATE JOURNAL [Second Session 

The Chair orders the Committee Substitute bill re-referred to the Manufacturing 
and Labor Committee. 



REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Basnight for the Appropriations Committee: 

S. B. 975, a bill to provide management flexibility to local boards of education and to 
individual schools regarding the operation of the public schools and expenditures for the 
public schools, as amended by the Education Committee, with a favorable report. 

The President Pro Tempore relinquishes the gavel to the President of the Senate, 
Lieutenant Governor Gardner, who presides. 

On motion of Senator Basnight, the rules are suspended and the bill, as amended, is 
placed before the Senate for immediate consideration upon its passage. 

The bill, as amended, passes its second (41-2) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

Without objection, on motion of Senator Barnes the introduction of bills and resolu- 
tions is placed at the end of today's Calendar, immediately preceding the motion to ad- 
journ. 



EXECUTIVE ORDER 

Executive Orders received (See Appendix) are presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 167, Amending Executive Order Number 167, 
establishing the Persian Gulf War Memorial Commission, and Establishing the Persian 
Gulf War Memorial Advisory Committee. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 



REPORT TO GENERAL ASSEMBLY 

A Commission directed to report to the General Assembly submits a report (See 
Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to Part XVII of Chapter 754 of the 1991 Session Laws, Senate Bill 917, the 
Birth-related Neurological Impairment Study Commission submits its Report to the 1991 
General Assembly (1992 Session). 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Block: 

S.B. 1002, a bill to direct the Department of Human Resources to operate the Lower 
Cape Fear Juvenile Services Center in New Hanover County and to appropriate funds for 
the operation of the facility. 

Referred to Appropriations Committee. 



May 28, 1992 



1992] SENATE JOURNAL 17 

By Senator Block: 

S.B. 1003, a bill to provide that contractors' inventories will be entitled to the same 
property tax exemption as manufacturers', retailers', and wholesalers' inventories. 
Referred to Finance Committee. 

By Senators Block, Hunt, Johnson, and Pollard: 

S.B. 1004, a bill to provide for improvements in the operations of the FAIR and Beach 
Plans. 

Referred to Insurance Committee. 

By Senators Royall, Daniel, Ward, Walker, Murphy, and Basnight: 
S.B. 1005, a bill to appropriate funds for a permanent camp and conference center for 
autistic children and adults. 

Referred to Appropriations Committee. 

By Senators Royall, Daniel, Ward, Walker, Murphy, and Basnight: 
S.B. 1006, a bill to appropriate funds for the summer camp program for autistic 
children and adults. 

Referred to Appropriations Committee. 

By Senator Winner: 

S.B. 1007, a bill to provide that if a person conducts business at a trade show or flea 
market , the trade show or flea market is not considered the person ' s business location for 
the purpose of the privilege license tax. 

Referred to Finance Committee. 

By Senators Seymour, Parnell, Marvin, and Martin of Guilford: 

S.B. 1008, a bill to appropriate funds for the program at Summit House. 

Referred to Appropriations Committee. 

By Senators Winner, Carter, Plexico, Seymour, and Staton: 

S.B. 1009, a bill making technical and administrative changes to the license and 
excise tax laws. 

Referred to Finance Committee. 

By Senators Winner, Carter, Plexico, Seymour, and Staton: 

S. B. 1010, a bill to authorize the Department of Revenue to allow or require payment 
of taxes by electronic funds transfer and to appropriate funds for automation necessary to 
implement the Electronic Funds Transfer Program. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Winner, Carter, Plexico, Seymour, and Staton: 

S.B. 1011, a bill making technical and other changes to the fuel tax laws. 

Referred to Finance Committee. 

By Senators Winner, Carter, Plexico, Seymour, and Staton: 

S.B. 1012, a bill to reinstate two sales tax provisions that were inadvertently deleted in 
prior legislation. 

Referred to Finance Committee. 

By Senators Winner, Carter, Plexico, Seymour, and Staton: 

S.B. 1013, a bill to ensure that the amount of a bond filed as a condition of appealing 
a tax decision to court is adequate to cover any liability determined on appeal. 
Referred to Finance Committee. 

By Senators Winner, Carter, Plexico, Seymour, and Staton: 

S.B. 1014, a bill to revise the category of special mobile equipment, to establish a 
uniform registration fee for special mobile equipment to tow certain vehicles, and to 



May 28, 1992 



18 SENATE JOURNAL [Second Session 

make mobile classrooms and mobile offices subject to sales tax rather than highway use 
tax. 

Referred to Finance Committee. 

By Senators Winner, Carter, Plexico, Seymour, and Staton: 

S . B . 10 1 5 , a bill to relieve a seller who sells property under a certificate of resale of the 
burden of proving that the sale was for resale and to provide a penalty for a purchaser who 
misuses a certificate of resale. 

Referred to Finance Committee. 

By Senators Winner, Carter, Plexico, Seymour, and Staton: 

S. B. 1016, a bill to convert the security dealer privilege license tax from a tax based on 
the number of offices from which securities are sold to a tax on each individual who sells 
securities, thereby treating sellers of securities the same as other professionals. 

Referred to Finance Committee. 

By Senators Martin of Pitt and Warren: 

S.B. 1017, a bill to appropriate funds to the Department of Agriculture for planning 
an equine facility in eastern North Carolina. 
Referred to Appropriations Committee. 

By Senators Sands and Goldston: 

S.B. 1018, a bill to authorize Ashe County to take into consideration prospective 
revenues generated by the development in arriving at the amount of consideration for an 
economic development conveyance. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Sands and Goldston: 

S.B. 1019, a bill to extend the limits of the Fleetwood and the Lansing Fire Protection 
Districts in Ashe County. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Martin of Guilford, Conder, Lee, Hunt, Warren, Marvin, and Ward: 
S.B. 1020, a bill to establish the Legislative Study Commission on Students Placed at 
Risk of Failure and to appropriate funds for its implementation. 
Referred to Appropriations Committee. 

By Senators Marvin, Daniel, Seymour, Perdue, Tally and Basnight: 
S.B. 1021, a bill to appropriate funds to provide mammogram screenings for women 
who are eligible for Medicaid. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 1022, a bill to appropriate funds for the Department of Agriculture for the 
construction of a southeastern shipping point market. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 1023, a bill to change the maintenance of effort provision for the public schools 
of Robeson County. 

Referred to Education Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Warren, Allran, Block, Lee, Sands, Speed, and Staton: 
S.B. 1024, a bill to create an Educational Leadership Task Force to identify how to 
best select, train, evaluate, assess, and regulate the State's educational leaders. 
Referred to Education Committee. 



May 28, 1992 



1992] SENATE JOURNAL 19 

By Senators Warren, Allran, Block, Kincaid, Lee, Sands, Speed, and Staton: 
S.B. 1025, a bill to ensure that sufficient funds are available to provide textbooks to 
public school students. 

Referred to Education Committee. 

By Senators Warren, Allran, Block, Kincaid, Lee, Sands, Speed, and Staton: 
S.B. 1026, a bill to increase the number of members of the Board of Trustees of the 

School of Science and Math to conform to the number of congressional districts which 

resulted from the 1990 census. 

Referred to Higher Education Committee. 

By Senators Warren, Allran, Block, Kincaid, Lee, Sands, Speed, and Staton: 
S.B. 1027, a bill to reconvene a Teacher Training Task Force to study the progress 
made toward implementing the thirty-nine objectives of the original Task Force and to 
make recommendations to continue to improve the professional development of 
teachers. 

Referred to Appropriations Committee. 

By Senators Warren, Allran, Block, Kincaid, Lee, Sands, Speed, and Staton: 
S.B. 1028, a bill to require the Board of Governors of the University of North 
Carolina, the State Board of Community Colleges, the State Board of Education, and the 
State's private institutions of higher education to cooperate in an exchange of 
information. 

Referred to Higher Education Committee. 

By Senators Cochrane and Smith: 

S.B. 1029, a bill to appropriate funds to the Rowan-Salisbury School District for the 
Career Development Program. 

Referred to Appropriations Committee. 

By Senators Ward and Walker: 

S.B. 1030, a bill to appropriate funds for the North Carolina Environmental Research 
and Policy Center. 

Referred to Appropriations Committee. 

By Senators Lee and Walker: 

S.B. 1031, a bill to incorporate Woodl^.ke Village in Moore County, subject to a 
referendum. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Sands and Marvin: 

S.B. 1032, a bill to prohibit discrimination against any person for engaging in any 
lawful activity during nonworking hours unrelated to employment. 
Referred to Judiciary II Committee. 

By Senators Odom, Hartsell, and Blackmon: 

S.B. 1033, a bill to permit the City of Charlotte to install traffic signs and other traffic 
control devices on its municipal street system streets when conditions require traffic 
control standards that are more stringent than those contained in the uniform manual. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Speed: 

S.J.R. 1034, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to ratify, approve, confirm, and validate 
all proceedings taken in 1991 by the governing board of any unit of local government in 
connection with the extension of the period during which bonds may be issued. 

Referred to Rules and Operation of the Senate Committee. 



May 28, 1992 



20 SENATE JOURNAL [Second Session 

By Senators Johnson, Sherron, and Simpson: 

S.B. 1035, a bill to establish a comprehensive compensation system for State 
employees subject to Chapter 126 of the General Statutes and to direct the distribution of 
appropriations for implementation of this comprehensive compensation system. 

Referred to State Personnel and State Government Committee. 

By Senators Johnson and Sherron: 

S.B. 1036, a bill to repeal the decentralization of the classification and salary 
administration functions from the office of State personnel to all State departments with 
more than five hundred permanent full-time employees. 

Referred to State Personnel and State Government Committee. 

On motion of Senator Barnes, seconded by Senator Carpenter, the Senate adjourns at 
3:15 P.M. to meet Monday, June 1, at 7:30 P.M. 



ONE HUNDRED THIRD DAY 

Senate Chamber, 
Monday, June 1, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Associate Pastor of First Baptist 
Church, Raleigh, as follows: 

"Eternal God and Father of all humankind, we learned at a very young age from people 
who were supposed to know such things that in important decisions or contests, winning, 
even losing was better than compromise. They said tying was like having to kiss one's 
sister or brother. But as we have matured and gained a little wisdom, we've discovered 
that embracing one's sister or brother is not disgusting at all; it is empowering. Having 
learned that, we have begun to discover what Your Love is about. We have even 
redefined winning, losing, and compromise. There will be days for all three in this 
Chamber. Give the Senators wisdom this week in their deliberations and in their defining 
of those terms. For what they do here impacts brothers and sisters from all over our 
State. 

"Thank You for guidance in their leadership, to that end. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
May 28, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence to Senator Hartsell, 
who is attending a Cabarrus County Commissioner's office meeting; to Senator Carter, 
who has a business commitment; to Senator Sherron and Senator Staton. 

Senator Carter is noted present for a portion of tonight's session. 

APPOINTMENT OF SENATE CHAPLAIN 

The Chair recognizes Senator Barnes, President Pro Tempore, who rises to make an 
announcement. 

Senator Barnes recognizes the Reverend Mike Morris, Associate Pastor of First 
Baptist Church, Raleigh, and announces his appointment as Senate Chaplain effective 
June 1, 1992, for the 1991 Session of the General Assembly, Second Session 1992. 



June 1, 1992 



1992] SENATE JOURNAL 21 

APPOINTMENTS BY THE GOVERNOR 

The President directs the Reading Clerk to read: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 

May 26, 1992 

The Honorable James C. Gardner 

Lieutenant Governor 

State Capitol 

Raleigh, North Carolina 27611 

Dear Governor Gardner: 

Pursuant to North Carolina General Statute 135-6, I hereby appoint the persons listed 
below to the Board of Trustees of the Teachers' and State Employees' Retirement Sys- 
tem, subject to confirmation by the State Senate. 

James M. Cooper - Cumberland County 
Public Member 

James R. Hawkins - Durham County 
Public Member 

r 

W. Eugene McCombs - Rowan County 
Public Member 

Clyde R. Cook, Jr. - Wake County 
Employee of the Department of Transportation 

The terms of office for Messrs. Cooper, Hawkins, and McCombs, who are being 
reappointed, will begin immediately and will expire April 1 , 1996. Mr. Cook will replace 
Kevin Brown who has resigned, and his term will begin immediately and will expire April 
4, 1995. 

Please feel free to contact these individuals should you need any additional information, 
or to inform them of any committee meetings that they would need to attend. 

I hereby submit the above named individuals for confirmation by the Senate. 

Sincerely, 

S/James G. Martin 
Governor 

Referred to State Personnel and State Government Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time and disposed of as follows: 

By Senators Block, Carpenter, and Seymour: 

S.B. 1037, a bill to increase the retirement formulas and to provide adjusting 
increases to retirees of the Teachers' and State Employees' Retirement System and the 
Local Governmental Employees' Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 



June 1, 1992 



22 SENATE JOURNAL [Second Session 

By Senators Walker and Plyler: 

S.B. 1038, a bill to appropriate funds to establish reimbursement rates for domiciliary 
care facilities to compensate for mandated costs, for the certified mean average deficit of 
monthly bed costs, and for the North Carolina service wage increase. 

Referred to Appropriations Committee. 

By Senators Walker, Plyler, and Seymour: 

S.B. 1039, a bill to appropriate funds to implement the most urgent of the recommen- 
dations of the North Carolina Child Fatality Task Force. 
Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S. B. 1040, a bill to modify the maximum tax limit for the Town of Badin and change 
the method of calculating limits on increases. 
Referred to Finance Committee. 

By Senators Plyler, Conder, and Walker: 

S.J.R. 1041, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to adopt the Venus' s-flytrap as the 
Official Plant of North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

Senator Plyler offers a motion prior to the first reading of the following bill, that the 
measure be held in the Office of the Senate Principal Clerk pending ratification of 
S.J.R. 1041, a joint resolution authorizing the 1991 General Assembly, 1992 Session, 
to consider a bill to be entitled an act to adopt the Venus' s-flytrap as the Official Plant of 
North Carolina, which motion prevails. 

By Senators Plyler, Conder, and Walker: 

S.B. 1042, a bill to adopt the Venus 's-flytrap as the Official Plant of North Carolina. 

The bill is ordered held in the Office of the Senate Principal Clerk. 

By Senators Cochrane and Carpenter: 

S.B. 1043, a bill to include Magistrates' prior service for twenty years as certain law 
enforcement officers in determination of salary. 
Referred to Appropriations Committee. 

By Senators Seymour, Hyde, Smith, and Basnight: 

S.B. 1044, a bill to provide for gavel-to-gavel television coverage of the General 
Assembly and for other improvements to the public telecommunications systems of the 
State as recommended by the open government through Public Telecommunications 
Study Commission. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Block: 

S.B. 1045, a bill to provide that future elections for the office of Mayor of Burgaw 
shall be for four-year terms. 

Referred to Election Laws Committee. 

By Senator Cooper: 

S.B. 1046, a bill to permit the County of Nash to rename county public and private 
roads. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Marvin, Walker, Speed, Royall, Tally, Ward, Basnight, and Seymour: 
S.B. 1047, a bill to appropriate funds to the Department of Environment, Health, and 

Natural Resources to meet the requirements of Public Law 99-457, the Individuals with 

Disabilities Education Act. 

Referred to Appropriations Committee. 



June 1, 1992 



1992] SENATE JOURNAL 23 

By Senators Richardson, Hartsell, Odom, and Blackmon: 

S.B. 1048, a bill to rewrite the law regarding the Charlotte Firefighters' Retirement 
System. 

Referred to Pensions and Retirement Committee. 

By Senators Richardson, Hartsell, Odom, and Blackmon: 

S.B. 1049, a bill to change the pay date for certain employees of the Charlotte/ 
Mecklenburg schools. 

Referred to Education Committee. 

By Senators Richardson and Walker: 

S.B. 1050, a bill to amend the definition of "day care" to exclude drop-in care and to 
require the Department of Human Resources to study how to ensure the health and safety 
of children in drop-in care. 

Referred to Human Resources Committee. 

By Senators Royall, Carpenter, Seymour, and Hunt: 

S.J.R. 1051, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring Duke University on winning its second 
straight NCAA Division I Men's Basketball Championship. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Block: 

S.B. 1052, a bill concerning the consent of New Hanover and Pender Counties with 
regard to certain land acquisitions in those Counties. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Sands and Goldston: 

S.B. 1053, a bill to cancel the school board elections for the Eden City, Western 
Rockingham City, and Rockingham County School Boards scheduled for November 
1992 and to extend terms on those Boards expiring December 1992 to June 30, 1993. 

Referred to Education Committee. 

By Senators Odom, Hartsell, Blackmon, and Richardson: 

S.B. 1054, a bill to bring Mecklenburg County's Fair Housing Act into compliance 
with the Federal Fair Housing Act. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Royall, Basnight, Daniel, Richardson, Walker, Bryan, Carpenter, 
Cooper, Lee, Martin of Guilford, Martin of Pitt, Marvin, Murphy, Perdue, Plyler, 
Tally, Ward, Conder, and Seymour: 

S.B. 1055, a bill to appropriate funds for Mental Health Study Commission and 
Coalition 2001 plans for mental health, developmental disabilities, and substance abuse 
services in North Carolina. 

Referred to Appropriations Committee. 

By Senators Perdue, Conder, and Shaw: 

S.B. 1056, a bill to appropriate funds to the Board of Governors of the University of 
North Carolina for the Seafood Laboratory Program at North Carolina State University. 
Referred to Appropriations Committee. 

By Senators Perdue, Conder, and Shaw: 

S.B. 1057, a bill to appropriate funds for a Shellfish Enhancement Program. 

Referred to Appropriations Committee. 

By Senators Perdue and Shaw: 

S.B. 1058, a bill to amend the General Statutes relating to shellfish leases. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 



June 1, 1992 



24 SENATE JOURNAL [Second Session 

By Senator Warren: 

S.B. 1059, a bill to appropriate funds for the North Carolina 4-H Development Fund, 
at North Carolina State University for the North Carolina 4-H Programs. 
Referred to Appropriations Committee. 

By Senator Warren: 

S.B. 1060, a bill to appropriate funds for the North Carolina 4-H Program. 

Referred to Appropriations Committee. 

By Senators Tally and Raynor: 

S.B. 1061, a bill to authorize Bladen, Cumberland, and Hoke Counties to enter into 
long-term contracts for disposal of solid waste. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Speed, Soles, Parnell, Marvin, Plyler, Martin of Pitt, Warren, Shaw, 
Lee, Walker, Sands, Perdue, Conder, Daniel, Martin of Guilford, Daughtry, 
Richardson, Carpenter, and Bryan: 

S.B. 1062, a bill to limit the liability of farmers who allow gleaning. 

Referred to Agriculture, Marine Resources and Wildlife Committee and 
upon a favorable report, re-referred to the Judiciary I Committee. 

By Senators Speed, Soles, Parnell, Plyler, Martin of Pitt, Warren, Shaw, Sands, 
Perdue, Conder, Daniel, Martin of Guilford, Daughtry, Richardson, Carpenter, and 
Bryan: 

S.B. 1063, a bill to amend the motor vehicle laws concerning cotton-hauling 
vehicles. 

Referred to Transportation Committee. 

By Senators Speed, Soles, Parnell, Marvin, Plyler, Martin of Pitt, Warren, Shaw, 
Lee, Walker, Sands, Perdue, Conder, Daniel, Martin of Guilford, Daughtry, 
Richardson, Carpenter, and Bryan: 

S.B. 1064, a bill to appropriate funds to meet the capital and operational costs of 
transferring the Agricultural Education Program from the College of Education and 
Psychology to the College of Agriculture and Life Sciences at North Carolina State 
University. 

Referred to Appropriations Committee. 

By Senators Speed, Soles, Parnell, Marvin, Plyler, Martin of Pitt, Warren, Shaw, 
Sands, Perdue, Conder, Daniel, Daughtry, Richardson, Carpenter, and Bryan: 

S.B. 1065, a bill to appropriate funds to complete the Tidewater Research and Exten- 
sion Center at Plymouth, North Carolina, and to provide for additional personnel. 

Referred to Appropriations Committee. 

By Senators Speed, Soles, Parnell, Marvin, Plyler, Martin of Pitt, Warren, Shaw, 
Lee, Walker, Sands, Perdue, Conder, Daniel, Martin of Guilford, Daughtry, 
Richardson, Carpenter, and Bryan: 

S.B. 1066, a bill to amend the title and scope of the Agriculture, Forestry, and 
Seafood Awareness Study Commission by deleting seafood from the Commission's title 
and area of study. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Speed, Soles, Plyler, Warren, Shaw, Sands, Perdue, Conder, Daniel, 
Daughtry, Richardson, Carpenter, Staton, Royall, Forrester, Smith, Raynor, and 
Bryan: 

S.B. 1067, a bill to provide an annual one hundred fifty dollar allowance to each 
member of the North Carolina National Guard and to appropriate funds for the 
allowance. 

Referred to Appropriations Committee. 



June 1, 1992 



1992] SENATE JOURNAL 25 

By Senators Speed, Soles, Parnell, Marvin, Plyler, Martin of Pitt, Warren, Shaw, 
Sands, Perdue, Conder, Daniel, Martin of Guilford, Daughtry, Richardson, Carpenter, 
Basnight, and Bryan: 

S.J.R. 1068, a joint resolution to commemorate the One Hundredth Anniversary of 
forestry in North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

Senator Marvin offers a motion that Rule 40 be suspended to allow the introduction of 
the following joint resolution, which motion prevails by a two-thirds majority vote. 

By Senator Marvin: 

S.J.R. 1084, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to clarify that local governmental entities 
are eligible to receive grant funds for domestic violence centers. 

Referred to Rules and Operation of the Senate Committee. 

Senator Hyde offers a motion that the rules be suspended to allow the introduction of 
the following Senate simple resolution, which motion prevails by a two-thirds majority 
vote. 

By Senators Hyde, Winner, and Barnes: 

S.R. 1096, a Senate simple resolution to commemorate the Seven Hundred Seventy- 
seventh Anniversary of the Magna Carta. 

Referred to Constitution Committee. 

ADDITIONAL ENDORSEMENT 

Senator Seymour requests to be recorded endorsing bills previously introduced: 

By Senator Seymour: 

S. B. 1005, a bill to appropriate funds for a permanent camp and conference center for 
autistic children and adults. 

By Senator Seymour: 

S.B. 1006, a bill to appropriate funds for the summer camp program for autistic 
children and adults. 

The President recognizes the following pages serving in the Senate this week: 

Suzanne Autry, Fayetteville; Alfredo G. Calvo, Flat Rock; Casey Sabrina Batts, 
Grifton; Daniel William Chappell, Raleigh; Charles Holden Duboise, Clinton; Joshua 
Winborne Davis, Raleigh; William Ward Davis, Raleigh; Melody Helms, Charlotte; 
Meghan Jeanette Liebers, Fayetteville; Cameron B. McCall, Lexington; Mary Anne 
Mclnnis, Rockingham; Craig S. Morrisette, Cary; David Nodine, Greensboro; Rokisha 
L. Rover, Enfield; Paul W. Stewart III, Louisburg; Leah Margaret Tilden, Pittsboro; 
John Allen Williamson, Louisburg; and Nikki Young, Rockingham. 

REPORT TO GENERAL ASSEMBLY 

The following Agency directed to report to the General Assembly submits a report (See 
Addendum) which is ordered placed on file in the Legislative Library: 

The North Carolina Department of Revenue submits its Revenue Comparative 
Statement of Net Collections for the months of April 1992 and 1991. 

RESOLUTIONS FROM OTHER STATES 

The following joint resolution is received from another legislative body (See 
Addendum), presented to the Senate, and ordered placed on file in the Office of the 
Principal Clerk: 



June 1, 1992 



26 SENATE JOURNAL [Second Session 

Missouri Senate Concurrent Resolution No. 24 relating to the "Help Yourself, Buy 
American" effort. 

On motion of Senator Barnes, seconded by Senator Carter, the Senate adjourns at 
8:05 P.M. to meet tomorrow, June 2, at 1:30 P.M. 



ONE HUNDRED FOURTH DAY 

Senate Chamber, 
Tuesday, June 2, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"All Knowing God, a philosopher once said, 'Law is order and good law is good order. 
His statement reminds us that it is impossible to please everyone with the laws being 
considered here. 

"For some, a certain law will be a fence of confinement; for others that same law will 
act as protector with a fence-gate to freedom. It's always a matter of perspective. 

"Give these, Your servants, good perspective and insight. May we be reminded of the 
words of a great theologian when he wrote concerning law, 'Let no one seek one's own 
good, but the good of one's neighbor. ' Today, that is our task and opportunity. Amen. " 

Senator Barnes President Pro Tempore of the Senate announces that the Journal of 
yesterday, June 1, has been examined and is found to be correct. On his motion the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Block, who is attending the funeral of a friend; and to Senator Ballance and Senator 
Perdue. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary I Committee: 

H. B. 1000 (Committee Substitute) , a bill to establish the North Carolina Community 
Trust for persons with severe chronic disabilities, with a favorable report. 

By Senator Sands for the Judiciary II Committee: 

H.B. 192, a bill recommended by the Juvenile Law Study Commission to allow 
termination of parental rights after a parent has left a child in foster care for twelve 
months without making reasonable progress towards correcting the conditions that led to 
foster care, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 



June 2, 1992 



1992] SENATE JOURNAL 27 

By Senators Warren and Martin of Pitt: 

S. B. 1069, a bill to amend and restate the Charter of the Greenville Utilities Commis- 
sion of the City of Greenville. 

Referred to Public Utilities Committee. 

By Senator Daniel: 

S.B 1070, a bill to expand the tax credit for creating jobs in severely distressed 
counties to include jobs that pay more than the average manufacturing wage. 
Referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 1071, a bill to appropriate funds to the Department of Agriculture for a new 
agronomic facility. 

Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1072, a bill to set the Rural Electrification Authority regulatory fee for the 
1992-93 fiscal year and to require the General Assembly to enact legislation setting the 
fee in future fiscal years only if the fee is to be higher than the fee set for the 1992-93 
fiscal year. 

Referred to Public Utilities Committee and upon a favorable report, re-referred to 
the Finance Committee. 

By Senators Raynor, Speed, Carpenter, and Forrester: 

S.B. 1073, a bill to allow counties to require prisoners to work on projects to benefit 
units of State or local government. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

By Senators Plyler and Conder: 

S.B. 1074, a bill to permit special ABC permits to be issued for certain private clubs 
and private lodges. 

Referred to Alcoholic Beverage Control Committee. 

By Senators Plyler and Conder: 

S.B. 1075, a bill to appropriate funds to the Department of Agriculture for control of 
equine infectious anemia. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1076, a bill to authorize the City of Albemarle to levy a room occupancy tax. 

Referred to Finance Committee. 

By Senators Plyler and Conder: 

S.B. 1077, a bill to permit the County of Stanly to rename County public and private 
roads. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler and Conder: 

S.B. 1078, a bill to abolish the Office of City Treasurer of the City of Monroe. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler and Conder: 

S.B. 1079, a bill to allow Stanly County to acquire property for use by the Stanly 
County Schools and the Albemarle City Schools and to authorize boards of education in 
Stanly County to convey property to the County in connection with improvements and 
repair of the property. 

Referred to Local Government and Regional Affairs Committee. 



June 2, 1992 



28 SENATE JOURNAL [Second Session 

By Senators Walker and Smith: 

S.B. 1080, a bill to continue the State's programs to prevent infant mortality and to 
appropriate funds. 

Referred to Appropriations Committee. 

By Senator Hunt: 

S.B. 1081, a bill to validate school mergers and clarify merger laws so as to eliminate 
the need for substantial appropriations for separate central staffs, and so as to clarify a 
1991 special budget provision. 

Referred to Education Committee. 

By Senators Richardson and Carpenter: 

S.B. 1082, a bill to require all domiciliary care facilities to report costs and revenues 
and a uniform chart of accounts. 

Referred to Human Resources Committee. 

By Senator Warren: 

S.B. 1083, a bill to appropriate funds for nurse anesthetist training. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 1085, a bill to require any local government participating in the Local Govern- 
mental Employees' Retirement System and any employer in the Teachers' and State 
Employees' Retirement System to fund the pension costs associated with a retirement 
incentive program. 

Referred to Pensions and Retirement Committee. 

By Senator Block: 

S.B. 1086, a bill to link the University of North Carolina at Wilmington with the 
MCNC Communications Network. 

Referred to Appropriations Committee. 

By Senators Smith and Cochrane: 

S.B. 1087, a bill to create a new offense of third degree trespass in Rowan County. 

Referred to Judiciary II Committee. 

By Senators Smith and Cochrane: 

S.B. 1088, a bill to make administrative changes to the Rowan occupancy tax law. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Winner: 

S.J.R. 1089, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to make the requirement of separate 
instruments to record the satisfaction of or subsequent entries regarding deeds of trust, 
mortgages, and other instruments optional in certain cases, and to provide that no fee 
may be charged for the filing of those instruments. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Perdue: 

S.B. 1090, a bill to allow certain cities of under three hundred population to hold ABC 
elections. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Perdue: 

S.B. 1091, a bill to appropriate funds for the construction of the harbor deepening 
project at the Morehead City Port. 

Referred to Appropriations Committee. 



June 2, 1992 



1992] SENATE JOURNAL 29 

By Senator Perdue: 

S. B. 1092, a bill to provide for the nonpartisan election of the Carteret County Board 
of Education, subject to a referendum. 

Referred to Election Laws Committee. 

By Senators Basnight and Plyler: 

S.B. 1093, a bill to modify the capital improvements appropriations for North 
Carolina for the 1992-93 fiscal year and to make other changes in the budget operation of 
the State. 

Referred to Appropriations Committee. 

By Senators Basnight and Plyler: 

S.B. 1094, a bill to modify the current operations appropriations and the capital 
improvements appropriations for the 1992-93 fiscal year and to make other changes in 
the budget operation of the State. 

Referred to Appropriations Committee. 

By Senators Basnight and Plyler: 

S.B. 1095, a bill to modify the current operations appropriations for North Carolina 
for the 1992-93 fiscal year and to make other changes in the budget operation of the 
State. 

Referred to Appropriations Committee. 

By Senators Basnight and Plyler: 

S.B. 1097, a bill to modify the appropriations and Budget Revenue Act of 1991, As 
Amended, and to make other changes in the budget operation of the State. 
Referred to Appropriations Committee. 

By Senators Royall, Plyler, Smith, and Seymour: 

S.B. 1098, a bill to appropriate funds to fund fully the State Contractual Scholarship 
Program and the Legislative Tuition Grant Program for private and independent colleges 
and universities. 

Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1099, a bill to establish electoral districts for the merged Edgecombe County 
Board of Education. 

Referred to Education Committee. 

By Senator Cooper: 

S.B. 1100, a bill to amend the law regarding appointments to the Board of Commis- 
sioners of the Nash County Hospital Authority. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Cooper: 

S.B. 1101, a bill to increase the membership of the Nash County Alcoholic Beverage 
Control Board from three to five members. 

Referred to Alcoholic Beverage Control Committee. 

By Senators Walker and Seymour: 

S.B. 1102, a bill to appropriate money from the Worker Training Trust Fund for the 
1992-93 fiscal year. 
Referred to Appropriations Committee. 

By Senators Basnight and Daniel: 

S.B. 1103, a bill to make technical changes to the accounting procedure for the 
Savings Reserve Account. 

Referred to State Personnel and State Government Committee. 



June 2, 1992 



30 SENATE JOURNAL [Second Session 

By Senators Basnight and Daniel: 

S.B. 1104, a bill to clarify the provisions of the Executive Budget Act and the State 
budget for the 1991-93 fiscal biennium. 

Referred to State Personnel and State Government Committee. 

By Senators Marvin and Royall: 

S.B. 1105, a bill to decrease State expenditures for safekeepers by clarifying the law 
regarding the medical costs of safekeepers and by changing the law regarding the transfer 
of safekeepers to the Department of Correction. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Royall, Daniel, Smith, and Seymour: 

S.B. 1106, a bill to require the State Controller to report to the Joint Legislative 
Commission on Governmental Operations before he spends more for the State computer 
system than was anticipated in the budget for the fiscal period. 

Referred to State Personnel and State Government Committee. 

By Senators Royall, Daniel, Goldston, Hunt, Seymour, and Smith: 
S.J.R. 1107, a joint resolution authorizing the 1991 General Assembly, 1992 Ses- 
sion, to consider a bill to be entitled an act to provide that computer software is one of the 
classes of property excluded from property taxation. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Forrester, Richardson, Walker, Marvin, Carpenter, Ballance, and 
Carter: 

S.J.R. 1108, a joint resolution to create the Independent Commission on Access to 
Primary Care to study the shortage of primary care physicians in rural North Carolina 
and to appropriate funds for the study. 

Referred to Appropriations Committee. 

By Senators Forrester, Richardson, Walker, Marvin, Carpenter, Ballance, and 
Carter: 

S.B. 1109, a bill to appropriate funds to the Office of Rural Health, Department of 
Human Resources, for the Rural Health Recruitment Fund. 

Referred to Appropriations Committee. 

By Senator Goldston: 

S.B. 1110, a bill to appropriate funds to link Appalachian State University with the 
MCNC Communications Network. 

Referred to Appropriations Committee. 

By Senators Richardson and Daniel: 

S.B. 1111, a bill to provide that blind persons shall be granted preference in the 
operation of vending facilities on North Carolina highways. 
Referred to Human Resources Committee. 

By Senators Plyler and Conder: 

S.B. 1112, a bill to fund traffic control at major events from the current operations- 
Highway Fund for State Maintenance. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Appropriations Committee. 

By Senator Daniel: 

S.B. 1113, a bill relating to general obligation bonds of the State of North Carolina. 

Referred to Finance Committee. 



June 2, 1992 



1992] SENATE JOURNAL 31 

By Senator Daniel: 

S.B. 1114, a bill to make various changes in the Sheriffs' Supplemental Pension 
Fund. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Daniel: 

S.B. 1115, a bill to make the fee for a commercial driver learner's permit the same as 
the fee for a regular learner's permit. 
Referred to Finance Committee. 

By Senators Daniel and Seymour: 

S.J.R. 1116, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to establish a Cancer Control Study 
Commission and to appropriate funds. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Daniel: 

S.J.R. 1117, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a resolution urging the United States Congress to pass an 
amendment to the United States Constitution requiring a balanced federal budget. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Daniel, Sands, Seymour, Johnson, Soles, Staton, Speed, Plexico, 
Allran, Carpenter, Smith, Lee, Hyde, and Conder: 

S.B. 1118, a bill to impose a privilege license tax on debt payment agents and to 
repeal obsolete provisions concerning these agents. 

Referred to Finance Committee. 



EXECUTIVE ORDER 

An Executive Order received is presented to the Senate (See Appendix), read, and 
referred to committee, as follows: 

Executive Order Number 168, North Carolina Interagency Council for 
Coordinating Homeless Programs. 

Referred to State Personnel and State Government Committee. 

On motion of Senator Barnes, seconded by Senator Shaw, the Senate adjourns at 1 : 55 
P.M. to meet tomorrow, June 3, at 1:30 P.M. 



ONE HUNDRED FIFTH DAY 

Senate Chamber, 
Wednesday, June 3, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, it might happen across the dinner table with our family, or across the 
cafeteria table with friends, or across this Senate room; we respond to important 



June 3, 1992 



32 SENATE JOURNAL [Second Session 

considerations and communications with both our intellect and our emotions, with both 
our minds and our hearts. There is such a delicate balance there, Oh God, knowing 
which should inform our decision-making. 

"So we ask today that You give our hearts ears to hear, our minds eyes to vision, 
confessing that the longest journey we might ever take is the one from head to heart; a trip 
that is worth it because there we find You and faith, and many times that's All we have to 
go on, and All we need. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, June 2, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S. B. 992, a bill to permit a trust company to be acquired by a bank holding company, 
with a favorable report. 

S.B. 997, a bill to make omnibus and technical changes to the savings institutions 
laws, with a favorable report, as amended. 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 990, a joint resolution authorizing the 1991 General Assembly, 1992 Session, 
to consider a bill to be entitled an act to extend the grandfather clause application 
deadline to October 31, 1992, with a favorable report. 

S.J.R. 1034, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to ratify, approve, confirm, and validate 
all proceedings taken in 1991 by the governing board of any unit of local government in 
connection with the extension of the period during which bonds may be issued, with a 
favorable report. 

S.J.R. 1041, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to adopt the Venus' s-flytrap as the 
Official Plant of North Carolina, with a favorable report. 

S.J.R. 1051, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring Duke University on winning its second 
straight NCAA Division I Men's Basketball Championship, with a favorable report. 

S.J.R. 1068, a joint resolution to commemorate the One Hundredth Anniversary of 
Forestry in North Carolina, with a favorable report. 

S.J.R. 1084, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to clarify that local governmental entities 
are eligible to receive grant funds for domestic violence centers, with a favorable report. 

S.B. 1044, a bill to provide for gavel-to-gavel television coverage of the General 
Assembly and for other improvements to the public telecommunications systems of the 
State as recommended by the open government through Public Telecommunications 
Study Commission, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 



June 3, 1992 



1992] SENATE JOURNAL 33 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

By Senator Sherron for the State Personnel and State Government 
Committee: 

S.B. 1035, a bill to establish a comprehensive compensation system for State 
employees subject to Chapter 126 of the General Statutes and to direct the distribution of 
appropriations for implementation of this comprehensive compensation system, with a 
favorable report, as amended. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Ballance: 

S.B. 1119, a bill to provide that funds credited to the Department of Agriculture from 
the excise tax on wine for promotion of the North Carolina grape and wine industry do 
not revert to the General Fund at the end of each fiscal year. 

Referred to Appropriations Committee. 

By Senator Hartsell: 

S.B. 1120, a bill to allow Cabarrus County to acquire property for use by the Cabarrus 
County Schools and the Kannapolis City Schools. 
Referred to Education Committee. 

By Senator Hartsell: 

S.B. 1121, a bill to authorize Cabarrus County to acquire land for road rights-of-way 
for connectors between subdivisions and connectors between subdivisions and State- 
maintained roads by dedication and acceptance, purchase, or eminent domain. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Hartsell: 

S.B. 1122, a bill to permit the County of Cabarrus to condemn certain property of 
private condemnors. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Speed: 

S.B. 1123, a bill to allow Franklin County to use alternative construction delivery 
systems. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Speed: 

S.B. 1124, a bill to authorize the County of Franklin to take into consideration 
prospective revenues generated by the development in arriving at the amount of consider- 
ation for an economic development conveyance. 

Referred to Economic Development Committee. 

By Senator Speed: 

S.B. 1125, a bill to provide that Franklin County is authorized to construct gas lines. 

Referred to Public Utilities Committee. 

By Senator Speed: 

S.B. 1126, a bill to allow Franklin County to acquire property for use by the County 
Boards of Education. 

Referred to Education Committee. 



June 3, 1992 



34 SENATE JOURNAL [Second Session 

By Senators Plyler and Conder: 

S.B. 1127, a bill to extend the exemption of Union County from certain statutory 
requirements in the construction of a County detention facility. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Ward and Royall: 

S.B. 1128, a bill to require the State Board of Education to impose a penalty on a local 
school administrative unit that fails to implement the Transportation Information 
Management System by September 1, 1992. 

Referred to Education Committee. 

By Senator Parnell: 

S.B. 1129, a bill to extend the North Carolina Sentencing and Policy Advisory 
Commission and to adjust its reporting dates and membership accordingly. 
Referred to State Personnel and State Government Committee. 

By Senator Daughtry: 

S.B. 1130, a bill to provide the higher salary grade for magistrates with a two-year 
associate of arts degree and to appropriate funds. 
Referred to Appropriations Committee. 

By Senator Daughtry: 

S.B. 1131, a bill to increase public safety by repealing the prison population 
stabilization act. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

By Senators Daniel and Plyler: 

S.B. 1 132, a bill to increase the license tax on operators of large specialty markets and 
to provide that if a person conducts business at a specialty market, the specialty market is 
not considered the person's business location for the purpose of the privilege license tax. 

Referred to Finance Committee. 

By Senator Daughtry: 

S.B.I 133, a bill to allow Johnston County to acquire property for use by its Board of 
Education. 

Referred to Education Committee. 

By Senator Daughtry: 

S.B. 1134, a bill to establish the corporate limits of the Town of Benson. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Tally, Royall, Bryan, Block, and Sherron: 

S.B. 1135, a bill to require that well contractors and pump contractors be licensed and 
to establish a Well and Pump Contractors Examiners Board. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Finance Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Tally, Royall, Bryan, Block, and Sherron: 

S.B. 1136, a bill to make changes to the community water system permit fee. 

Referred to Finance Committee. 

By Senators Tally, Royall, Block, Bryan, Seymour, and Sherron: 
S.B. 1137, a bill to authorize the issuance of one hundred million dollars in general 
obligation bonds of the State, subject to a vote of the qualified voters of the State, to 
provide funds for the purpose of making loans to local government units for water supply 
systems, wastewater collection systems, or wastewater treatment works. 
Referred to Finance Committee. 



June 3, 1992 



1992] SENATE JOURNAL 35 

By Senators Warren, Block, Lee, Speed, Bryan, and Staton: 

S.B. 1138, a bill to waive the twelve-month durational requirement for resident 
tuition status for the children of employees domiciled in the State who are entitled to 
benefits under the Teachers' and State Employees' Retirement System. 

Referred to Higher Education Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Warren, Allran, Block, Kincaid, Lee, Speed, and Staton: 

S.J.R. 1139, a joint resolution directing the Joint Legislative Education Oversight 

Committee to study the issue of requiring out-of-state students who attend public schools 

in North Carolina to pay the full cost of their education. 
Referred to Appropriations Committee. 

By Senators of Warren, Allran, Block, Kincaid, Lee, Sands, Speed, and Staton: 
S.B.I 140, a bill to appropriate funds for the end-of-course and end-of-grade testing 
programs for the public schools. 

Referred to Appropriations Committee. 

By Senator Warren: 

S.B. 1141, a bill to authorize Pitt County to create Rescue/Emergency Medical 
Services Protection Districts. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Martin of Guilford: 

S.B. 1142, a bill to transfer the North Carolina Firemen's and Rescue Squad 
Workers' Pension Fund from the Department of State Auditor to the Department of State 
Treasurer, and to make the State Treasurer the chairman of the Board of Trustees of the 
Pension Fund. 

Referred to Pensions and Retirement Committee. 

By Senators Roy all, Ward, Hunt, and Daniel: 

S.B. 1143, a bill to clarify the law regarding the computation of the minimum number 
of bids required for capital projects. 

Referred to State Personnel and State Government Committee. 

By Senators Royall, Forrester, Cooper, Allran, Bryan, Seymour, Hunt, and Marvin: 
S.B. 1144, a bill to appropriate funds for a grassroots science program by the Museum 
of Natural Sciences to improve State programs in science education. 
Referred to Appropriations Committee. 

By Senators Richardson, Ballance, Lee, Hunt, and Martin of Guilford: 
S.B. 1145, a bill to appropriate funds for economic development projects and 
activities within the State's minority community. 
Referred to Appropriations Committee. 

By Senator Soles: 

S.B. 1146, a bill to provide an election procedure for midterm vacancies in Tabor 
City. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Basnight: 

S.B. 1147, a bill to make administrative changes to local option legislation for Dare 
County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Marvin, Johnson, Sherron, and Walker: 

S.B. 1148, a bill to establish the percentage rate of the public utility regulatory fee for 
the 1992-93 fiscal year, and to transfer commissioners of the Utilities Commission from 



June 3, 1992 



36 SENATE JOURNAL [Second Session 

the Teachers' and State Employees' Retirement System to the Consolidated Judicial 
Retirement System. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Pensions and Retirement Committee and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1149, a bill to allow Montgomery County to establish voting precincts during 
1989 without regard to township boundaries. 
Referred to Election Laws Committee. 

By Senators Plyler and Conder: 

S.B. 1150, a bill to allow Union County to create Fire Protection Districts in which fire 
protection is funded by fees rather than taxes. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Plyler and Conder: 

S.B. 1151, a bill to prohibit disposal within Union County of soil contaminated 
outside Union County by leaking petroleum underground storage tanks. 
Referred to Environment and Natural Resources Committee. 

By Senator Warren: 

S.B. 1152, a bill to change the pay date for certain employees of the Pitt County 
Schools. 

Referred to Education Committee. 

By Senators Basnight and Plyler: 

S.B. 1153, a bill to amend Chapter 501 of the 1989 Session Laws regarding a wholly 
self-liquidating capital project at the University of North Carolina at Asheville. 
Referred to Finance Committee. 

By Senators Basnight and Plyler: 

S.B. 1154, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of the 
constituent institutions of the University of North Carolina. 

Referred to Finance Committee. 

By Senators Basnight and Plyler: 

S.B. 1155, a bill to amend Chapter 1092 of the 1987 Session Laws, Regular Session 
1988, regarding a wholly self-liquidating project at Elizabeth City State University. 
Referred to Finance Committee. 

By Senators Blackmon, Simpson, Walker, and Tally: 

S.B. 1156, a bill to allow closed-loop groundwater remediation systems. 

Referred to Environment and Natural Resources Committee. 

By Senators Raynor, Staton, Smith, Cochrane, Forrester, Speed, Bryan, and Tally: 
S.B. 1157, a bill to provide for the State of North Carolina to construct, maintain, 

and operate a State veterans home and to require the Division of Veterans Affairs to be 

the contact point for the construction of the State Veterans Home. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 

Citizens Committee and, upon a favorable report, re-referred to the 

Appropriations Committee. 

By Senators Sherron, Cochrane, Seymour, Speed, Carpenter, and Winner: 
S.B. 1158, a bill to permit the State of North Carolina to grant a utility easement to 
Carolina Power and Light Company across Umstead Park, to require the Department of 



June 3, 1992 



1992] SENATE JOURNAL 37 

Transportation to maintain parking lots in the State parks and recreation areas, and to 
conform statutes relating to rule offenses committed in the State parks and recreation 
areas. 

Referred to Environment and Natural Resources Committee. 

By Senators Tally and Raynor: 

S.B. 1159, a bill to repeal the requirement that long-term contracts entered into by 
local governments for the collection and disposal of nonhazardous solid waste must be 
approved by the Department of Environment, Health, and Natural Resources. 

Referred to Environment and Natural Resources Committee. 

By Senator Daniel: 

S.B. 1160, a bill to authorize Alamance County to place nonviolent misdemeanants 
incarcerated in the Alamance County Jail to work on public works without the direct 
supervision of the sheriff. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

By Senator Daniel: 

S.B. 1161, a bill to provide for a fox trapping season in Caswell County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Sands: 

S.B. 1162, a bill to exempt Rockingham County from certain recent amendments to 
the recording requirements for plats and subdivisions. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Bryan and Carpenter: 

S.B. 1163, a bill to expand the gas tax refund for bulk feed vehicles to apply when the 
vehicle is unloading feed at a mill. 
Referred to Finance Committee. 

By Senators Sands, Lee, Ward, Daniel, Kaplan, Richardson, Shaw, Goldston, 
Martin of Guilford, Walker, Seymour, and Smith: 

S.B. 1164, a bill to appropriate funds to the Department of Agriculture for a Triad 
Farmers Market. 

Referred to Appropriations Committee. 

By Senators Odom, Blackmon, and Richardson: 

S.B. 1165, a bill to authorize the Towns of Cornelius and Davidson in Mecklenburg 
County to regulate in certain extraterritorial areas. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Daniel and Seymour: 

S.B. 1166, a bill to establish a Cancer Control Study Commission and to appropriate 
funds. 

Referred to Appropriations Committee. 

By Senator Sherron and Seymour: 

S.B. 1167, a bill to control costs in the prescription drug coverage part of the 
Teachers' and State Employees' Comprehensive Major Medical Plan. 
Referred to State Personnel and State Government Committee. 

By Senator Hartsell: 

S.B. 1168, a bill an act to remove the City of Concord's local modifications to G.S. 
58-84-30 and G.S. 58-84-35. 

Referred to Pensions and Retirement Committee. 



June 3, 1992 



38 SENATE JOURNAL [Second Session 

By Senators Tally and Smith: 

S.B. 1169, a bill to clarify certain deductibles applicable to the Commercial Leaking 
Petroleum Underground Storage Tank Cleanup Fund, to make current landowners who 
engage in cleanups eligible for reimbursement from the Commercial Fund, and to add 
two members to the Petroleum Underground Storage Tank Funds Council. 

Referred to Environment and Natural Resources Committee. 

By Senator Martin of Pitt: 

S.B. 1170, a bill to appropriate funds for job training in Eastern North Carolina. 

Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1171, a bill to appropriate funds to complete the Tidewater Research and Exten- 
sion Center at Plymouth, North Carolina, and to provide for additional personnel. 
Referred to Appropriations Committee. 

By Senators Royall and Hunt: 

S.B. 1172, a bill to appropriate funds to renovate Meadowview Cottage at the 
Murdoch Center. 

Referred to Appropriations Committee. 

By Senators Royall, Richardson, Forrester, Seymour, Odom, Blackmon, Warren, 
Hartsell, and Hunt: 

S.B. 1173, a bill to appropriate funds to the Department of Community Colleges for 
the Diploma Nursing Program. 

Referred to Appropriations Committee. 

By Senator Conder: 

S.B. 1174, a bill to authorize the Legislative Research Commission to study the need 
to establish a college of chiropractic in North Carolina, and to make an appropriation 
therefor. 

Referred to Appropriations Committee. 

By Senators Conder, Plyler, and Bryan: 

S.B. 1175, a bill to allow Stanly and Iredell Counties to acquire property for use by the 
County Boards of Education and to authorize Boards of Education in Stanly, Richmond, 
and Iredell Counties to convey property to the County in connection with improvements 
and repair of the property. 

Referred to Education Committee. 

By Senator Sands: 

S.B. 1176, a bill to establish by a description the boundaries for Jot-Um-Down Fire 
District in Surry County. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Sands: 

S.B. 1177, a bill to establish by a description the boundaries for C.C. Camp Fire 
District in Surry County. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Speed, Carpenter, Seymour, and Block: 

S.B.I 178, a bill to make changes in the Teachers' and State Employees' Retirement 
System for some members of that System. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Finance Committee. 



June 3, 1992 



1992] SENATE JOURNAL 39 

By Senator Walker: 

S. B. 1 179, a bill to require the Department of Human Resources to further develop the 
Social Services Plan and to appropriate funds to pilot the core of social services; and to 
appropriate funds for grants to local agencies to develop and implement family 
preservation services as provided in G.S. 143B-150.6 of the Family Preservation Act. 

Referred to Human Resources Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Allran: 

S.B. 1180, a bill to authorize the City of Conover to take into consideration 
prospective revenues generated by the development in arriving at the amount of consid- 
eration for an economic development conveyance. 

Referred to Economic Development Committee. 

By Senator Perdue: 

S.B. 1181, a bill to alter the manner of election of the Craven County Board of 
Commissioners. 

Referred to Election Laws Committee. 

By Senator Daniel: 

S.B. 1182, a bill to place a moratorium on disposition of property by the City of 
Roxboro at the Lake Roxboro Project in Caswell County under a 1989 local act, and to 
toll a statute of limitations under that act. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 1183, a bill to include auxiliary police and special deputies in the Firemen's and 
Rescue Squad Workers' Pension Fund. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

Senator Lee offers a motion prior to the first reading of the following bill that the 
measure be held in the Office of the Principal Clerk, which motion prevails. 

By Senator Lee: 

S.B. 1184, a bill to authorize the trapping of beaver in the Town of Chapel Hill for 
purposes of relocation. 

The Chair orders the bill held in the Office of the Principal Clerk. 

By Senators Walker, Seymour, and Bryan: 

S.B. 1185, a bill to create a moratorium on the initial licensure of rest homes. 

Referred to Human Resources Committee. 

By Senator Plyler: 

S.B. 1186, a bill concerning Stanly County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plyler: 

S.B. 1187, a bill concerning Union County and the municipalities therein. 

Referred to Local Government and Regional Affairs Committee. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S.B. 967, a bill to revise and consolidate the Charter of the Town of Selma, with a 
favorable report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 



June 3, 1992 



40 SENATE JOURNAL [Second Session 

S.B. 1018, a bill to authorize Ashe County to take into consideration prospective 
revenues generated by the development in arriving at the amount of consideration for an 
economic development conveyance, with a favorable report. 

S.B. 1019, a bill to extend the limits of the Fleetwood and the Lansing Fire Protection 
Districts in Ashe County, with a favorable report. 

On motion of Senator Lee, the bill is re-referred to the Finance Committee. 

S.B. 1046, a bill to permit the County of Nash to rename county public and private 
roads, with a favorable report. 

S.B. 1054, a bill to bring Mecklenburg County's Fair Housing Act into compliance 
with the Federal Fair Housing Act, with a favorable report. 

S.B. 1061, a bill to authorize Bladen, Cumberland, and Hoke Counties to enter into 
long-term contracts for disposal of solid waste, with a favorable report. 

S.B. 998, a bill to create the Sanford-Lee County Regional Airport Authority, with a 
favorable report, as amended. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

H.B. 192, a bill recommended by the Juvenile Law Study Commission to allow 
termination of parental rights after a parent has left a child in foster care for twelve 
months without making reasonable progress towards correcting the conditions that led to 
foster care. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

On motion of Senator Sands, further consideration of the bill, as amended, is 
postponed until Tuesday, June 9. 

H.B. 1000 (Committee Substitute) , a bill to establish the North Carolina Community 
Trust for persons with severe chronic disabilities. 

On motion of Senator Soles, consideration of the Committee Substitute bill is 
postponed until Tuesday, June 9. 

REPORT TO GENERAL ASSEMBLY 

An agency directed to report to the General Assembly submits a report (See Adden- 
dum) which is ordered placed on file in the Legislative Library, as follows: 

Senator Barnes for the North Carolina Department of Human Resources Office of 
Rural Health and Resource Development submits a report on the Essential Access 
Community Hospital Program, pursuant to S.B. 717 of the 1991 Session of the General 
Assembly. 

The Chair orders the report filed with the Senate records. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns at 
2:20 P.M. to meet tomorrow, June 4, at 1:30 P.M. 



June 3, 1992 



1992] SENATE JOURNAL 41 

ONE HUNDRED SIXTH DAY 

Senate Chamber, 
Thursday, June 4, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father, the Prophet, Joel, in the Holy Scripture, reminds us that when Your Spirit is 
present, old people shall dream dreams and young people shall see visions. We are 
grateful that there are men and women in this room who are visionaries. But there are 
others, like Nehemiah, who are better architects and builders; taking the vision, 
breaking it down, blueprinting, and constructing it into the edifice of law. For these 
people, we too, are grateful. 

"People of differing gifts don't always think alike or use the same language. So, we 
pray today for the successful collaboration of the visionaries, architects, and builders to 
the end that the people of our State may benefitfrom their efforts. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, June 3, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Shaw and Senator Kaplan, who are attending the Sate Legislative Leaders Foundation 
Conference in Boston; to Senator Pollard, who is attending the funeral of a family friend; 
and to Senator Winner and Senator Perdue. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S.B. 1031, a bill to incorporate Woodlake Village in Moore County, subject to a 
referendum, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Committee Substitute bill 
is placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Raynor for the Veteran and Military Affairs, Law Enforcement, 
and Senior Citizens Committee: 

S.B. 1073, a bill to allow counties to require prisoners to work on projects to benefit 
units of State or local government, with a favorable report. 

S.B. 1157, a bill to provide for the State of North Carolina to construct, maintain, 
and operate a State veterans home and to require the Division of Veterans Affairs to be 
the contact point for the construction of the State Veterans Home, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



June 4, 1992 



42 SENATE JOURNAL [Second Session 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 993, a bill to make amendments to the Refund Anticipation Loan Act, with a 
favorable report. 

On motion of Senator Staton, the bill is re-referred to the Finance Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Simpson: 

S.B. 1188, a bill to allow the Secretary of Environment, Health, and Natural 
Resources to contribute ten percent of the cost of a voluntary remedial action program for 
an inactive hazardous substance or waste disposal site from the inactive sites cleanup 
fund. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



By Senator Staton: 

S.B. 1189, a bill to appropriate funds to produce construction documents for the new 
North Carolina State Museum of Natural Sciences. 
Referred to Appropriations Committee. 

By Senators Perdue and Seymour: 

S.B. 1190, a bill to appropriate funds for the Displaced Homemaker Center. 

Referred to Appropriations Committee. 

By Senators Perdue and Seymour: 

S.B. 1191, a bill to appropriate funds to NC Equity for health and economic 
development program activities. 

Referred to Appropriations Committee. 

By Senators Daughtry and Speed: 

S.B. 1192, a bill to appropriate funds to the Tobacco Museum of North Carolina, 
Inc., in Kenly for operating and capital expenses. 
Referred to Appropriations Committee. 

By Senators Johnson, Simpson, and Smith: 

S.B. 1193, a bill to authorize joint agencies to provide aid and assistance to munici- 
palities and joint municipal assistance agencies as recommended by the Joint Legislative 
Utility Review Committee. 

Referred to Public Utilities Committee and upon a favorable report, re-referred to 
the Finance Committee. 

By Senator Daniel: 

S.J.R. 1194, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to modify the procedure for property tax 
appeals before the Property Tax Commission from appraisal and listing decisions and to 
levy a fee for filing an appeal to the Property Tax Commission. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Daniel, Seymour, and Plexico: 

S.B. 1195, a bill to exempt from sales and use taxes prescription medicine that is 
donated to a nonprofit organization. 
Referred to Finance Committee. 



June 4, 1992 



1992] SENATE JOURNAL 43 

By Senators Daniel and Seymour: 

S.B. 1196, a bill to provide budget reform in North Carolina. 

Referred to Appropriations Committee. 

By Senators Walker and Smith: 

S.B. 1197, a bill to implement the oxygenated and reformulated gasoline 
requirements of the 1990 amendments to the Federal Clean Air Act. 
Referred to Environment and Natural Resources Committee. 

By Senators Plexico, Tally, Warren, and Carpenter: 

S.J.R. 1198, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to adopt Folkmoot USA as North Caroli- 
na's Official International Folk Festival. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plexico and Carpenter: 

S.B. 1199, a bill to appropriate funds to Henderson County for various public 
projects. 

Referred to Appropriations Committee. 

By Senators Basnight, Plyler, Sherron, and Murphy: 

S.B. 1200, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects on the 
Centennial Campus of North Carolina State University at Raleigh. 

Referred to Finance Committee. 

By Senators Daniel, Simpson, Tally, and Walker: 

S.B. 1201, a bill to require notification to the public of certain mining, water, and air 
permit decisions, to allow third parties to appeal these decisions in contested case 
proceedings, and to make certain new permit conditions effective during a contested case 
proceeding. 

Referred to Environment and Natural Resources Committee. 

By Senator Walker: 

S.B. 1202, a bill to clarify the public enterprise law with respect to the adoption and 
enforcement of utility system ordinances. 
Referred to Public Utilities Committee. 

By Senators Speed and Soles: 

S.B. 1203, a bill to appropriate funds to the Department of Agriculture for expansion 
of the Pesticide Regulatory Program. 

Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 1204, a bill to appropriate funds to upgrade meat and poultry inspection. 

Referred to Appropriations Committee. 

By Senators Marvin and Seymour: 

S.B. 1205, a bill to appropriate funds for North Carolina Head Start capital improve- 
ments. 

Referred to Appropriations Committee. 

By Senator Walker: 

S.B. 1206, a bill to make clarifying, conforming, and technical amendments to 
various laws relating to environment, health, and natural resources. 
Referred to Environment and Natural Resources Committee. 

By Senators Staton, Royall, Daughtry, and Murphy: 

S.B. 1207, a bill to appropriate funds for the Research Triangle World Trade Center. 

Referred to Appropriations Committee. 



June 4, 1992 



44 SENATE JOURNAL [Second Session 

Senator Barnes offers a motion prior to the first reading of the following bill, that the 
measure be held in the office of the Principal Clerk, which motion prevails. 

By Senator Pollard: 

S.B. 1208, a bill to raise the age of compulsory attendance in public schools and to 
reallocate part of the funds appropriated for dropout prevention for the 1992-93 fiscal 
year. 

The bill is ordered held in the office of the Principal Clerk. 

By Senator Carpenter: 

S.J.R. 1209, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to remove the requirement that a person be 
a resident of the State in order to obtain a hunting and fishing guide license. 

Referred to Rules and Operation of the Senate Committee. 

Senator Barnes offers a motion prior to the first reading of the following bill, that the 
measure be held in the office of the Principal Clerk, which motion prevails. 

By Senator Daniel: 

S.B. 1210, a bill to impose additional civil penalties for the illegal manufacture and 
sale of alcoholic beverages. 

The bill is ordered held in the office of the Principal Clerk. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of, as follows: 

H.J.R. 1319, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide a procedure for an unaffiliated 
candidate for President who has qualified for ballot access to name candidates for elector 
and for Vice-President. 

On motion of Senator Barnes, without objection, the joint resolution is placed on the 
Calendar for today for consideration in its regular order of business. 

H.J.R. 1331, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to adopt Folkmoot USA as North 
Carolina's Official International Folk Festival. 

Referred to Rules and Operation of the Senate Committee. 

H. B. 1345, a bill to authorize Bladen, Cumberland, and Hoke Counties to enter into 
long-term contracts for disposal of solid waste. 

On motion of Senator Tally, without objection, the bill is placed on the Calendar for 
today for consideration after its identical measure S.B. 1061, a bill to authorize Bladen, 
Cumberland, and Hoke Counties to enter into long-term contracts for disposal of solid 
waste. 

H.B. 1372, a bill to change the pay date for certain employees of the Charlotte/ 
Mecklenburg schools. 

Referred to Education Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 998, a bill to create the Sanford-Lee County Regional Airport Authority, upon 
second reading. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 



June 4, 1992 



1992] SENATE JOURNAL 45 

The bill, as amended, passes its second reading by roll-call vote, ayes 39, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Odom, Parnell, Plexico, Raynor, Richardson, Royall, Sands, Seymour, 
Sherron, Smith, Soles, Staton, Tally, Walker, Ward, and Warren— 39. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for Monday, June 8, for 
further consideration upon third reading. 

S.B. 1018, a bill to authorize Ashe County to take into consideration prospective 
revenues generated by the development in arriving at the amount of consideration for an 
economic development conveyance. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1046, a bill to permit the County of Nash to rename county public and private 
roads. 

Senator Cooper offers Amendment No. 1 which is adopted (38-0). 

The bill, as amended, passes its second (39-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1061, a bill to authorize Bladen, Cumberland, and Hoke Counties to enter into 
long-term contracts for disposal of solid waste. 

With unanimous consent, on motion of Senator Tally, the bill is taken up out of its 
regular order of business. 

On motion of Senator Tally, consideration of the bill is postponed until Monday, 
June 8. 

S.B. 1054, a bill to bring Mecklenburg County's Fair Housing Act into compliance 
with the Federal Fair Housing Act. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.J.R. 1319, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide a procedure for an unaffiliated 
candidate for President who has qualified for ballot access to name candidates for elector 
and for Vice-President. 

With unanimous consent, on motion of Senator Barnes, the joint resolution is taken up 
out of its regular order of business. 

The joint resolution passes its second (41-0) and third readings and is ordered 
enrolled. 

S.J.R. 990, a joint resolution authorizing the 1991 General Assembly, 1992 Session, 
to consider a bill to be entitled an act to extend the grandfather clause application 
deadline to October 31, 1992. 

The joint resolution passes its second (41-0) and third readings and is ordered sent to 
the House of Representatives. 

S.B. 992, a bill to permit a trust company to be acquired by a bank holding company. 
The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 997, a bill to make omnibus and technical changes to the savings institutions 
laws. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (39-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



June 4, 1992 



46 SENATE JOURNAL [Second Session 

S.J.R. 1034, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to ratify, approve, confirm, and validate 
all proceedings taken in 1991 by the governing board of any unit of local government in 
connection with the extension of the period during which bonds may be issued. 

The joint resolution passes its second (40-0) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 1041, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to adopt the Venus' s-flytrap as the 
Official Plant of North Carolina. 

With unanimous consent, on motion of Senator Hyde, the joint resolution is taken up 
out of its regular order of business. 

The joint resolution passes its second (40-0) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 1051, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring Duke University on winning its second 
straight NCAA Division I Men's Basketball Championship. 

With unanimous consent, on motion of Senator Hyde, the joint resolution is taken up 
out of its regular order of business. 

The joint resolution passes its second (40-0) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 1084, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to clarify that local governmental entities 
are eligible to receive grant funds for domestic violence centers. 

With unanimous consent, on motion of Senator Hyde, the joint resolution is taken up 
out of its regular order of business. 

The joint resolution passes its second (40-0) and third readings and is ordered sent to 
the House of Representatives. 

S.B. 1035, a bill to establish a comprehensive compensation system for State 
employees subject to Chapter 126 of the General Statutes and to direct the distribution of 
appropriations for implementation of this comprehensive compensation system. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

On motion of Senator Johnson, further consideration of the bill, as amended, is 
postponed until Tuesday, June 9. 

S.J.R. 1068, a joint resolution to commemorate the One Hundredth Anniversary of 
Forestry in North Carolina. 

The joint resolution passes its second (40-0) and third readings and is ordered sent to 
the House of Representatives. 

H.B. 1345, a bill to authorize Bladen, Cumberland, and Hoke Counties to enter into 
long-term contracts for disposal of solid waste. 

On motion of Senator Tally, consideration of the bill is postponed until Monday, 
June 8. 



REPORT TO GENERAL ASSEMBLY 

A Commission directed to report to the General Assembly submits a report 
(See Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to Part VI of Chapter 802 of the 1989 Session Laws, as amended by Part III 
of Chapter 1078 of the 1989 Session Laws, as amended by Part X of Chapter 754 of the 
1991 Session Laws, the North Carolina Energy Assurance Study Commission submits 
its report including the report prepared for the Commission by its contractor, the 



June 4, 1992 



1992] SENATE JOURNAL 47 

National Consumer Law Center entitled "Energy Policy and the Poor (May 1991)" 
which is required by Section 6.4 of Chapter 802 of the 1989 Session Laws. 

WITHDRAWAL FROM CALENDAR 

H.B. 192, a bill recommended by the Juvenile Law Study Commission to allow 
termination of parental rights after a parent has left a child in foster care for twelve 
months without making reasonable progress towards correcting the conditions that led to 
foster care, amended, on June 3, and placed on the Calendar for Tuesday, June 9. 

Senator Sands offers a motion that the bill, as amended, be taken from the Calendar 
for Tuesday, June 9, and placed on the Calendar for Wednesday, June 10, which motion 
prevails. 

The Chair orders the bill, as amended, placed on the Calendar for Wednesday, 
June 10, for consideration. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Plyler offers a motion that Rule 40 be suspended to allow the introduction of 
the following Senate simple resolution, which motion prevails by a two-thirds majority 
vote. 

By Senators Plyler, Richardson, Odom, Blackmon, Hartsell, Conder, Marvin, 
Smith, Cochrane, Forrester, Bryan, Allran, and Carter: 

S.R. 1221, a Senate simple resolution supporting a national football franchise in 
Charlotte. 

On motion of Senator Plyler, the rules are suspended, and the Senate simple resolution 
is placed before the Senate for immediate consideration for adoption. 

On motion of Senator Plyler, the Senate simple resolution is adopted (41-0). (The 
text of this resolution appears in the Appendix.) 

Senator Barnes offers a motion that Rule 40 be suspended to allow the introduction of 
the following bill, which motion prevails by a two-thirds majority vote. 

Senator Barnes offers a motion that the Reading Clerk call the name of the forty-nine 
sponsors on the bill and that each Senator in attendance stand when called, which 
motion prevails. The Chair directs the Reading Clerk to read. 

By Senators Barnes, Parnell, Sands, Winner, Basnight, Perdue, Martin of Pitt, Hunt, 
Goldston, Daniel, Conder, Martin of Guilford, Plyler, Richardson, Speed, Carpenter, 
Forrester, Cochrane, Simpson, Daughtry, Smith, Shaw, Pollard, Ward, Hyde, 
Kincaid, Bryan, Sherron, Murphy, Walker, Soles, Lee, Tally, Block, Seymour, 
Kaplan, Blackmon, Allran, Carter, Staton, Warren, Cooper, Plexico, Odom, Marvin, 
Ballance, Johnson, Hartsell, and Raynor: 

S.B. 1220, a bill to name the new Revenue Building. 

Senator Kenneth C. Royall, Jr. , whose name is proposed to be placed on the newly 
constructed revenue building, is given a standing ovation. 

With unanimous consent, on motion of Senator Barnes, the bill is referred to the 
Rules and Operation of the Senate Committee. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Conder for the Education Committee: 

S.B. 1053, a bill to cancel the school board elections for the Eden City, Western 
Rockingham City, and Rockingham County School Boards scheduled for November 



June 4, 1992 



48 SENATE JOURNAL [Second Session 

1992 and to extend terms on those Boards expiring December 1992 to June 30, 1993, 
with a favorable report. 

On motion of Senator Sands, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (38-0) and third readings and is ordered sent to the House of 
Representatives. 

On motion of Senator Barnes, seconded by Senator Plexico, the Senate adjourns at 
2:25 P.M. to meet Monday, June 8, at 8:00 P.M. 



ONE HUNDRED SEVENTH DAY 

Senate Chamber, 
Monday, June 8, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear God, as the third week of this Session begins, we are indeed thankful for the 
good and efficient work that has been accomplished here. But just as in the academic 
venue, when the semester's first exam is being handed out, the pulse quickens and the 
mouth dries out a bit in anticipation of what is about to take place. 

"It is with similar feelings that Your servants gather here. For the bills they have 
presented to committee will now be considered more broadly by all of their colleagues. 

"We seek what is right and what is truthful, yet we do not know all the truth; that is our 
confession of humanity. Therefore, we ask You to be the Ultimate Arbiter in all the 
considerations of this week, and may Your Will be done. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
June 4, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Hunt and Senator Sherron. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 290, an act to redefine "Employee" and "Employer" in the Local Governmental 
Employee's Retirement System. (Ch. 762) 

H.J.R. 1319, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide a procedure for an unaffiliated 
candidate for President who has qualified for ballot access to name candidates for elector 
and for Vice-President. (Res. 31) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 



June 8, 1992 



1992] SENATE JOURNAL 49 

By Senator Perdue: 

S.B. 1211, a bill to provide training and assistance to the public schools so as to 
facilitate the implementation of site-based management. 
Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 1212, a bill to appropriate funds to certain coastal area counties for various 
public projects. 

Referred to Appropriations Committee. 

By Senators Perdue, Allran, Ballance, Blackmon, Bryan, Carpenter, Cochrane, 
Forrester, Hartsell, Martin of Guilford, Marvin, Odom, Plexico, Richardson, Seymour, 
and Smith: 

S.B. 1213, a bill to provide that distributions and reimbursements to local 
governments shall be provided by earmarking rather than by appropriation and to remove 
the cap on these distributions and reimbursements that was added in 1991. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Perdue: 

S.B. 1214, a bill to appropriate funds for a greenhouse and support facilities at the 
Castle Hayne Horticultural Research Station. 
Referred to Appropriations Committee. 

By Senator Odom: 

S.B. 1215, a bill to appropriate funds to St. Marks Center, Inc., for its Community 
Access Project for special needs children. 
Referred to Appropriations Committee. 

By Senator Odom: 

S.B. 1216, a bill to authorize certain boards of education to request and receive a 
waiver of State laws regarding funding for teacher assistants. 

Referred to Education Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Odom: 

S.B. 1217, a bill to authorize the Charlotte-Mecklenburg Board of Education to 
request and receive a waiver of State laws regarding the assignment of teacher assistants. 
Referred to Education Committee. 

By Senator Barnes: 

S. B. 1218, a bill to amend the North Carolina Air Cargo Airport Authority Act and to 
appropriate funds to the Air Cargo Airport Authority. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Appropriations Committee. 

By Senators Conder, Johnson, and Walker: 

S.B. 1219, a bill to appropriate funds to the Governor's Waste Management Board 
for technical assistance grants to Site Designation Review Committees in the three 
counties selected for characterization studies for the low-level radioactive waste disposal 
facility as recommended by the Joint Select Committee on Low-level Radioactive Waste. 

Referred to Appropriations Committee. 

By Senator Plyler: 

S.J.R. 1222, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to exempt self-propelled truck cranes from 
certain size and weight limitations when operating on the highways. 

Referred to Rules and Operation of the Senate Committee. 



June 8, 1992 



50 SENATE JOURNAL [Second Session 

By Senator Daughtry: 

S.B. 1223, a bill to allow the division to issue restricted commercial driver licenses to 
seasonal drivers for certain farm-related service industries, and to clarify the laws 
governing the issuance of limited driving privileges, and to make amendments and 
technical corrections to the motor vehicle laws. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Plyler, Basnight, Forrester, and Odom: 

S.B. 1224, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of the 
constituent institutions of the University of North Carolina. 

Referred to Appropriations Committee. 

By Senators Hartsell, Cochrane, and Carpenter: 

S.B. 1225, a bill to provide tax incentives to stimulate economic recovery. 

Referred to Finance Committee. 

By Senators Sherron and Carpenter: 

S.B. 1226, a bill to modify the administrative structure of the Teachers' and State 
Employees' Comprehensive Major Medical Plan. 

Referred to State Personnel and State Government Committee. 

By Senator Warren: 

S.B. 1227, a bill to appropriate funds for instructional support personnel for the public 
schools. 

Referred to Appropriations Committee. 

By Senators Richardson and Walker: 

S.B. 1228, a bill to appropriate funds to renovate the Meadowview Cottage at 
Murdoch Center. 

Referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 1229, a bill to authorize the Division of Motor Vehicles to issue a registration 
plate depicting the Cape Hatteras Lighthouse and providing for the distribution of the 
income from the sale of the plate. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senator Soles: 

S.B. 1230, a bill to establish a commission to study the disposition of cases by the 
criminal justice system and to suggest changes to improve its efficiency in disposing of 
cases. 

Referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 1231, a bill to appropriate funds to the Critical School Facility Needs Fund to 
correct a discrepancy in the manner in which grants from the Critical School Facility 
Needs Fund have been made. 

Referred to Appropriations Committee. 

By Senator Sherron: 

S.B. 1232, a bill to reduce State expenditures by providing that unless drug manufac- 
turers agree to reimburse the Teachers' and State Employees' Comprehensive Major 
Medical Plan for increases in the wholesale price of prescription drugs, such drugs shall 
not be covered under the Plan. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



June 8, 1992 



1992] SENATE JOURNAL 51 

By Senators Basnight and Plyler: 

S.B. 1233, a bill to further amend Chapter 745 of the 1989 Session Laws to increase 
the authorized project cost of a wholly self-liquidating project involving a lease between 
the University of North Carolina at Chapel Hill and the United States Environmental 
Protection Agency. 

Referred to Appropriations Committee. 

By Senators Plyler, Basnight, and Odom: 

S.J.R. 1234, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital improve- 
ments projects of the constituent institutions of the University of North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Goldston: 

S.B. 1235, a bill to change the name of the Department of Economic and Community 
Development, to make technical and conforming amendments to various laws, and to 
appropriate funds. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 1236, a bill to provide that the Legislative Research Commission may study the 
treatment of sex offenders. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 1237, a bill to provide the remainder of the partial relief allowed in 1990 to 
Subchapter S Corporations for loss carryforwards. 
Referred to Finance Committee. 

By Senators Daniel, Warren, Smith, Seymour, and Marvin: 

S.B. 1238, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds for local government 
units for water supply systems, wastewater collection systems, or wastewater treatment 
works. 

Referred to Finance Committee. 

By Senator Daniel: 

S.B. 1239, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds for facilities for 
mental health, developmental disabilities, and substance abuse services. 

Referred to Finance Committee. 

By Senators Daniel, Forrester, and Seymour: 

S.B. 1240, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds, with any other 
available funds, for public school buildings for grades K through twelve. 

Referred to Finance Committee. 

By Senators Daniel, Warren, Forrester, Seymour, and Marvin: 

S.B. 1241, a bill to authorize the issuance of general obligation bonds of the State, 

subject to a vote of the qualified voters of the State, to provide funds, with any other 

available funds, for improvements for community colleges. 
Referred to Finance Committee. 

By Senators Daniel, Warren, Forrester, Seymour, and Marvin: 
S.B. 1242, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds, with any other 



June 8, 1992 



52 SENATE JOURNAL [Second Session 

available funds, for capital improvements for certain of the constituent institutions of the 
University of North Carolina. 

Referred to Finance Committee. 

By Senator Daniel: 

S.J.R. 1243, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to clarify the exclusion of nonpublic 
schools from the day care law. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Daniel: 

S.J.R. 1244, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to impose additional civil penalties for the 
illegal manufacture and sale of alcoholic beverages. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Odom: 

S.B. 1245, a bill to provide that joint agencies created by interlocal agreement to 
operate public broadcasting television stations are eligible for sales tax refunds provided 
to governmental entities. 

Referred to Finance Committee. 

By Senator Block: 

S.B. 1246, a bill to appropriate funds for a feasibility study on the deepening of 
Wilmington Harbor. 

Referred to Appropriations Committee. 

By Senator Royall: 

S.B. 1247, a bill to revise the management of state executive information technology, 
to appropriate funds to the office of state controller for design and implementation of a 
new state accounting system pursuant to the actions of the revised management 
structure, and to prohibit expenditure of funds for development of mainframe computer 
systems without approval of the revised management structure. 

Referred to Appropriations Committee. 

By Senators Odom and Forrester: 

S.B. 1248, a bill to provide that a taxpayer who owes less than $500.00 of individual 
income tax above the amount withheld from wages is not subject to a penalty for under- 
payment of estimated taxes, thus conforming the State's penalty threshold to the federal 
penalty threshold. 

Referred to Finance Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill, which is read the first time and disposed of, as follows: 

S.B. 289, a bill to remove the age limit for restoration to membership for a disability 
beneficiary in the Local Governmental Employees' Retirement System and the 
Teachers' and State Employees Retirement System, for concurrence in House 
Amendment No. 1, which is placed on the Calendar for tomorrow, June 9. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of, as follows: 



June 8, 1992 



1992] SENATE JOURNAL 53 

H. B. 1344, a bill to modify the provisions governing expenditure of the Hyde County 
Occupancy Tax. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 1369, a bill to amend the General Statutes relating to shellfish leases. 
Referred to Agriculture, Marine Resources, and Wildlife Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following joint resolutions, which are read the first time and disposed of, as follows: 

H.J.R. 1434, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the memory of General Benjamin Smith 
on the Bicentennial of the City of Southport. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 1438, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to make various technical amendments to 
the General Statutes as recommended by the General Statutes Commission. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 1450, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to abolish the North Carolina Council on 
Interstate Cooperation, which has not met since 1979. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 1508, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to amend Chapter 501 of the 1989 
Session Laws regarding a wholly self-liquidating capital project at the University of 
North Carolina at Asheville. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 1509, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to amend Chapter 1092 of the 1987 
Session Laws, Regular Session 1988, regarding a wholly self-liquidating project at 
Elizabeth City State University. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 1510, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital improve- 
ments projects on the Centennial Campus of North Carolina State University at Raleigh. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 1511, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital improve- 
ments projects of the constituent institutions of the University of North Carolina. 

Referred to Rules and Operation of the Senate Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

June 8, 1992 



54 SENATE JOURNAL [Second Session 

S.B. 998, a bill to create the Sanford-Lee County Regional Airport Authority, as 
amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hyde, Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, Royall, Sands, Seymour, Shaw, 
Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner — 43. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 1061, a bill to authorize Bladen, Cumberland, and Hoke Counties to enter into 
long-term contracts for disposal of solid waste. 

Without objection, on motion of Senator Tally, the bill is temporarily displaced. 

S.B. 1073, a bill to allow counties to require prisoners to work on projects to benefit 
units of State or local government. 

The bill passes its second (48-0) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 1345, a bill to authorize Bladen, Cumberland, and Hoke Counties to enter into 
long-term contracts for disposal of solid waste. 

The bill passes its second (47-0) and third readings and is ordered enrolled. 

S.B. 1061, a bill to authorize Bladen, Cumberland, and Hoke Counties to enter into 
long-term contracts for disposal of solid waste, temporarily displaced earlier. 

On motion of Senator Tally, consideration of the bill is postponed until tomorrow, 
June 9. 

The President recognizes the following pages serving in the Senate this week: James 
A. Bailey, Raleigh; Christopher Neil Bridges, Cary; Caroline Taylor Crawford, Flat 
Rock; Margaret Lane DeRamus, Winston-Salem; B. J. Faulk, Monroe; Hugh Perry 
Horton, Sanford; Angela Hough, Middlesex; Shannon Marie Howard, Monroe; Sasha 
Diane Lanning, Garner; Amy Lawing, Winston-Salem; Mary Lynn Lee, Raleigh; Jeff 
Marvin, Winston-Salem; Philip Howard McKinley, Winston-Salem; John McGee 
Morton, Raleigh; Jonathan Archer Murfee, Winston-Salem; Carmen Paige Pearce, 
Raleigh; I. Hanes Roberts, Raleigh; Paul Sconyers, Durham; Emily Ann Warren, 
Clinton; Erin Michelle Warren, Clinton; LaTashia Yvette Williams, Raleigh; A. 
Brooke Wilson, Eden; and Gregory Alan Workman, Burlington. 

On motion of Senator Barnes, seconded by Senator Sands, the Senate adjourns at 
8:45 P.M. to meet tomorrow, June 9, at 1:30 P.M. 



ONE HUNDRED EIGHTH DAY 

Senate Chamber, 
Tuesday, June 9, 1992. 

The Senate meets pursuant to adjournment and, in the absence of the Lieutenant 
Governor, is called to order by the Honorable Henson P. Barnes, President Pro 
Tempore. 

Prayer is offered by the Dr. Larry Ziglar, President of Wingate College, Wingate, as 
follows: 



June 9, 1992 



1992] SENATE JOURNAL 55 

"As I pray, I will pray to my God that I worship, and you pray to the God that you 
worship and hopefully the thoughts will be together." 

"God, You ask so very little of us, but to love mercy, do justice, and to walk humbly. 
Help us, God, to love mercy as we deal with the poor and powerless. Help us, God, to do 
justice as we exist among the rich and influential. Help us, God, to walk humbly and not 
be corrupted by the power we hold. 

"You have told us, Jehovah, through Your Prophets that the old should dream dreams 
and the young have visions, but how can we have a dream with our society burdened with 
the debt of trillions of dollars; threatened with the burden of aids and cancer? How can 
we have a dream when the American dream of jobs and opportunities is fast vanishing for 
our children and youth? How can we have a vision when our skies are no longer spa- 
cious, but too polluted to see clearly? How can we have a vision when our rivers are so 
polluted that there is no 'sea-to-shining-sea'? How can we have a vision of Your 
purple-mountain majesty when our forests are turning brown and dying? 

"But, Yawheh, we know that You have created us just a little lower that the angels and 
have given us minds above all other living creatures, and we know, too, that You 
ordained government to give order to Your higher creation, and You gave laws to bring us 
peace and prosperity. 

"We know, God of all peoples and nations, that without vision the people perish, not 
from danger without but from the enemy within. So I thank You, God, today that here on 
this floor we have men and women of vision. Empower these leaders, God, with courage 
to fight both the forces of riches and power and the mob rule of demagoguery. 

"Help them to chart a course that will restore education of our youth to a place of 
leadership; that will cause the mountains of North Carolina to bloom again with forest 
and industry and craftsmen; that will have our streams and oceans clean for the followers 
of the Great Fisherman. Help us to give hope to the homeless, restore faithfulness and 
fidelity to families, give good cheer and not abuse to children, give love and assistance to 
the aged, give medicine and succor to the suffering, make employment for the eager and 
needing. 

"Help us, as leaders, to teach the healthy, talented, and prosperous in our society that 
success demands philantrophy, that strength and power demand meekness, and that no 
people can be a great people without being a good people. 

"Help us to know, God of all wisdom and understanding, that the only true and lasting 
wealth comes with building bridges for others, that the toll over the bridge to Paradise is 
paid by sacrifice here on earth, and those who would be great must be the servant of all. 

"We are elected, God, entrusted by democracy, to serve the people. Help us today to 
get on with our job. In the Name of Jesus the Christ, I pray. Amen." 

Senator Royall, Deputy President Pro Tempore, announces the Journal of yesterday, 
June 8, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Bryan for personal reasons. 

The Chair recognizes Senator Cooper who offers a motion that the fourth grade class of 
Mrs. Bonnie Lovelace from Benvenue Elementary School in Rocky Mount be granted 
privileges of the floor for the purpose of presenting to the membership a dramatic presen- 
tation on the plight of North Carolina State Parks in honor of Senator J. K. Sherron, 
Co-Chairman of the State Parks Study Commission, who recently underwent open-heart 
surgery, which motion prevails. 

The Chair directs Senator Cooper and Senator Sherron to escort the group to the Well 
of the Senate for the presentation (See Appendix). Members respond with a standing 
ovation. Senator Cooper and Senator Sherron escort the class from the Chamber. 



June 9, 1992 



56 SENATE JOURNAL [Second Session 

RE-REFERRALS 

S.B. 1087, a bill to create a new offense of third degree trespass in Rowan County, 
referred to Judiciary II Committee on June 2, 1992. 

Senator Sands offers a motion that the rules be suspended and the bill be taken from 
the Judiciary II Committee and re-referred to the Local Government and 
Regional Affairs Committee, which motion prevails. 

The Chair orders the bill re-referred to the Local Government and Regional 
Affairs Committee. 

H.B. 305, a bill to revise the essential elements required to prove armed robbery, 
referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee on July 2, 1991. 

Senator Raynor offers a motion that the rules be suspended and the bill be taken from 
the Veteran and Military Affairs, Law Enforcement, and Senior Citizens 
Committee and re-referred to the Judiciary I Committee, which motion prevails. 

The Chair orders the bill re-referred to the Judiciary I Committee. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 1345, an act to authorize Bladen, Cumberland, and Hoke Counties to enter into 
long-term contracts for disposal of solid waste. (Ch. 763) 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Soles for the Judiciary I Committee: 

H.B. 277, a bill to clarify the authority of the Commissioner of Banks under the 
Consumer Finance Act, with an unfavorable report as to bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title, upon concurrence, to read H.B. 277 (Senate 
Committee Substitute) , a bill to clarify and further regulate other business authority un- 
der the North Carolina Consumer Finance Act, is placed before the Senate for 
immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for tomorrow, June 10, for further 
consideration. 

ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills previously introduced: 

By Senators Seymour and Warren: 

S.B. 1239, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds for facilities for 
mental health, developmental disabilities, and substance abuse services. 

By Senator Warren: 

S.B. 1240, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds, with any other 
available funds, for public school buildings for grades K through twelve. 



June 9, 1992 



1992] SENATE JOURNAL 57 

INTRODUCTION OF RESOLUTION 

A resolution filed for introduction is presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Cooper: 

S.J.R. 1249, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to amend the method of selecting members 
of the North Carolina Sheriffs' Education and Training Standards Commission 
appointed by the North Carolina Sheriffs' Association. 

Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special Messages are received from the House of Representatives, transmitting the 
following bills, which are read the first time and disposed of, as follows: 

H. B. 1349, a bill to authorize the City of Kinston to impose a tax on motor vehicles of 
up to fifteen dollars. 

Referred to Finance Committee. 

H.B. 1367, a bill to authorize the Town of Yaupon Beach to levy a room occupancy 
and tourism development tax. 

Referred to Finance Committee. 

H.B. 1378, a bill to authorize Washington County to levy a room occupancy and 
tourism development tax. 

Referred to Finance Committee. 

H.B. 1382, a bill to allow the Town of Hillsborough to raise the tax on motor vehicles. 
Referred to Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 1061, a bill to authorize Bladen, Cumberland, and Hoke Counties to enter into 
long-term contracts for disposal of solid waste. 

Senator Tally offers a motion that the bill be postponed indefinitely, which motion 
prevails. The bill lies upon the table. 

S.B. 1035, a bill to establish a comprehensive compensation system for State 
employees subject to Chapter 126 of the General Statutes and to direct the distribution of 
appropriations for implementation of this comprehensive compensation system, as 
amended. 

Senator Johnson offers Amendment No. 2 which is adopted (44-0). 

The bill, as amended, passes its second reading (48-0). 

Senator Shaw objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, June 10, for further consideration, upon 
third reading. 

H.B. 1000 (Committee Substitute) , a bill to establish the North Carolina Community 
Trust for persons with severe chronic disabilities. 

The Committee Substitute bill passes its second reading (47-0) . 

Senator Soles objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, June 10, for further consideration, upon 
third reading. 



June 9, 1992 



58 SENATE JOURNAL [Second Session 

S.B. 289, a bill to remove the age limit for restoration to membership for a disability 
beneficiary in the Local Governmental Employees' Retirement System and the 
Teachers' and State Employees Retirement System, for concurrence in House Amend- 
ment No. 1. 

The Senate concurs in House Amendment No. 1 (48-0) and the measure is ordered 
enrolled. 

REPORT TO GENERAL ASSEMBLY 

A Board directed to report to the General Assembly submits a report (See Addendum) 
which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to Chapter 689, Sec. 55 of the 1991 Session Laws (H.B. 83), the Board of 
Governors of the University of North Carolina and the State Board of Community 
Colleges submit a Memorandum of Agreement between the Department of Community 
Colleges and the University of North Carolina with respect to Small Business Assistance 
Programs and Services provided through the Community Colleges' Small Business 
Centers and the University's Small Business and Technology Development Center. 

RE-REFERRALS 

S.B. 1237, a bill to provide the remainder of the partial relief allowed in 1990 to 
Subchapter S Corporations for loss carryforwards, referred to the Finance Committee 
on June 8, 1992. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and re-referred to the Appropriations Committee, 
which motion prevails. 

The Chair orders the bill re-referred to the Appropriations Committee and upon 
receipt of a favorable report, recommitted to the Finance Committee. 

S.B. 1238, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds for local government 
units for water supply systems, wastewater collection systems, or wastewater treatment 
works, referred to the Finance Committee on June 8, 1992. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and re-referred to the Appropriations Committee, 
which motion prevails. 

The Chair orders the bill re-referred to the Appropriations Committee and upon 
receipt of a favorable report, recommitted to the Finance Committee. 

S.B. 1239, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds for facilities for 
mental health, developmental disabilities, and substance abuse services, referred to the 
Finance Committee on June 8, 1992. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and re-referred to the Appropriations Committee, 
which motion prevails. 

The Chair orders the bill re-referred to the Appropriations Committee and upon 
receipt of a favorable report, recommitted to the Finance Committee. 

S.B. 1240, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds, with any other 
available funds, for public school buildings for grades K through twelve, referred to the 
Finance Committee on June 8, 1992. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and re-referred to the Appropriations Committee, 
which motion prevails. 



June 9, 1992 



1992] SENATE JOURNAL 59 

The Chair orders the bill re-referred to the Appropriations Committee and upon 
receipt of a favorable report, recommitted to the Finance Committee. 

S.B. 1241, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds, with any other 
available funds, for improvements for community colleges, referred to the Finance 
Committee on June 8, 1992. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and re-referred to the Appropriations Committee, 
which motion prevails. 

The Chair orders the bill re-referred to the Appropriations Committee and upon 
receipt of a favorable report, recommitted to the Finance Committee. 

S.B. 1242, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds, with any other 
available funds, for capital improvements for certain of the constituent institutions of the 
University of North Carolina, referred to the Finance Committee on June 8, 1992. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and re-referred to the Appropriations Committee, 
which motion prevails. 

The Chair orders the bill re-referred to the Appropriations Committee and upon 
receipt of a favorable report, recommitted to the Finance Committee. 

S.B. 928, a bill to authorize the issuance of six hundred million dollars general obliga- 
tion bonds of the State, subject to a vote of the qualified voters of the State, to provide 
funds, with any other available funds, for general State purposes, referred to the 
Finance Committee on May 13, 1991. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and re-referred to the Appropriations Committee, 
which motion prevails. 

The Chair orders the bill re-referred to the Appropriations Committee and upon 
receipt of a favorable report, recommitted to the Finance Committee. 

On motion of Senator Royall, seconded by Senator Conder, the Senate adjourns at 
2:30 P.M. to meet tomorrow, June 10, at 1:30 P.M. 



ONE HUNDRED NINTH DAY 

Senate Chamber, 
Wednesday, June 10, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, all the considerations in this room today will deal in some way with the 
issue of power; who gets it, who doesn't, when, how will it be administered. The task of 
distributing this power isn't easy. 

"If as Benjamin Disraeli once said, 'All power is trust, ' our prayer today is that the 
Senators who have been entrusted with power will be worthy stewards of its exercise. 

"We also pray for the President of the Senate, Lieutenant Governor Jim Gardner, who 
will undergo surgery tomorrow. Under Your guidance and the skill of the surgeon, may 
the operation be successful and his recovery quick. 



June 10, 1992 



60 SENATE JOURNAL [Second Session 

"When one in the community is affected, all are affected. 
"Thank You, in advance, for Your answer to this prayer. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, June 9, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Ballance. 

The Chair announces the arrival of the Winston-Salem Greyhounds, who won the Pop 
Warner National Pee Wee Football Championship in 1988, 1990, and 1991. Without 
objection, the Chair appoints Senator Ward of Forsyth County and Gerda Pleasants, 
Sergeant-at-Arms, to escort the team and members of the coaching staff to the Well of 
the Senate. 

Senator Ward introduces the group and Tom Woollen, coach of the Greyhounds, 
briefly addresses the membership. The honored guests are escorted from the Chamber 
by Senator Ward and Mrs. Pleasants. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Seymour for the Public Utilities Committee: 

S.B. 1072, a bill to set the Rural Electrification Authority regulatory fee for the 
1992-93 fiscal year and to require the General Assembly to enact legislation setting the 
fee in future fiscal years only if the fee is to be higher than the fee set for the 1992-93 
fiscal year, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 1069, a bill to amend and restate the Charter of the Greenville Utilities 
Commission of the City of Greenville, with a favorable report, as amended. 

On motion of Senator Seymour, the bill is placed on the Calendar for Tuesday, June 
16, for consideration. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S.B. 1077, a bill to permit the County of Stanly to rename County public and private 
roads, with a favorable report. 

S.B. 1078, a bill to abolish the Office of City Treasurer of the City of Monroe, with a 
favorable report. 

S.B. 1079, a bill to allow Stanly County to acquire property for use by the Stanly 
County Schools and the Albemarle City Schools and to authorize boards of education in 
Stanly County to convey property to the County in connection with improvements and 
repair of the property, with a favorable report. 

S.B. 1087, a bill to create a new offense of third degree trespass in Rowan County, 
with a favorable report. 

S.B. 1088, a bill to make administrative changes to the Rowan occupancy tax law, 
with a favorable report. 

S.B. 1100, a bill to amend the law regarding appointments to the Board of 
Commissioners of the Nash County Hospital Authority, with a favorable report. 



June 10, 1992 



1992] SENATE JOURNAL 61 

S.B. 1127, a bill to extend the exemption of Union County from certain statutory 
requirements in the construction of a County detention facility, with a favorable report. 

S.B. 1134, a bill to establish the corporate limits of the Town of Benson, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 1146, a bill to provide an election procedure for midterm vacancies in Tabor 
City, with a favorable report. 

S.B. 1 150 , a bill to allow Union County to create Fire Protection Districts in which fire 
protection is funded by fees rather than taxes, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 1165, a bill to authorize the Towns of Cornelius and Davidson in Mecklenburg 
County to regulate in certain extraterritorial areas, with a favorable report. 

H.B. 1344, a bill to modify the provisions governing expenditure of the Hyde County 
Occupancy Tax, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 1033, a bill to permit the City of Charlotte to install traffic signs and other traffic 
control devices on its municipal street system streets when conditions require traffic con- 
trol standards that are more stringent than those contained in the uniform manual, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Committee Substitute bill 
which changes the title to read S.B. 1033 (Committee Substitute) , a bill requiring traffic 
signs and other traffic control devices placed on a municipal street system street to con- 
form to the appearance criteria of the manual on uniform traffic control devices, is 
placed before the Senate for immediate consideration. 

On motion of Senator Lee, the Committee Substitute bill is adopted, and on his further 
motion is placed on the Calendar for tomorrow, June 11, for further consideration. 

By Senator Odom for the Insurance Committee: 

S.B. 1004, a bill to provide for improvements in the operations of the FAIR and Beach 
Plans, with a favorable report. 

H.B. 846, a bill to amend insurance laws relating to insurance premium financing, 
with an unfavorable report as to bill, but favorable as to Senate Committee Substitute 
bill. 

On motion of Senator Odom, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title, upon concurrence, to read H.B. 846 (Senate 
Committee Substitute), a bill to amend and make technical corrections to various insur- 
ance laws and to clarify the uninsured and underinsured motorists law, is placed before 
the Senate for immediate consideration. 

On motion of Senator Odom, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for tomorrow, June 11, for further 
consideration. 

By Senator Speed for the Agriculture, Marine Resources, and Wildlife 
Committee: 

S.B. 1058, a bill to amend the General Statutes relating to shellfish leases, with a 
favorable report, as amended. 

S.B. 1066, a bill to amend the title and scope of the Agriculture, Forestry, and 
Seafood Awareness Study Commission by deleting seafood from the Commission's title 
and area of study, with a favorable report, as amended. 



June 10, 1992 



62 SENATE JOURNAL [Second Session 

S.B. 1062, a bill to limit the liability of farmers who allow gleaning, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Speed, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Judiciary I 
Committee. 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 1194, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to modify the procedure for property tax 
appeals before the Property Tax Commission from appraisal and listing decisions and to 
levy a fee for filing an appeal to the Property Tax Commission, with a favorable report. 

S.J.R. 1209, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to remove the requirement that a person be 
a resident of the State in order to obtain a hunting and fishing guide license, with a 
favorable report. 

S.J.R. 1222, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to exempt self-propelled truck cranes from 
certain size and weight limitations when operating on the highways, with a favorable 
report. 

S.J.R. 1234, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital improve- 
ments projects of the constituent institutions of the University of North Carolina, with a 
favorable report. 

S.J.R. 1243, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to clarify the exclusion of nonpublic 
schools from the day care law, with a favorable report. 

S.J.R. 1244, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to impose additional civil penalties for the 
illegal manufacture and sale of alcoholic beverages, with a favorable report. 

H.J.R. 1331, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to adopt Folkmoot USA as North 
Carolina's Official International Folk Festival, with a favorable report. 

H.J.R. 1438, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to make various technical amendments to 
the General Statutes as recommended by the General Statutes Commission, with a 
favorable report. 

H.J.R. 1450, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to abolish the North Carolina Council on 
Interstate Cooperation, which has not met since 1979, with a favorable report. 

S.B. 1220, a bill to name the new Revenue Building, with a favorable report, as 
amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendments No. 1 and No. 2, are adopted. Amendment No. 2 
changes the title to read S.B. 1220, a bill to name the new Revenue Building and to make 
an appropriation for the Building's signage. 



June 10, 1992 



1992] SENATE JOURNAL 63 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

By Senator Conder for the Education Committee: 

S.B.I 120, a bill to allow Cabarrus County to acquire property for use by the Cabarrus 
County Schools and the Kannapolis City Schools, with a favorable report. 

S.B. 1126, a bill to allow Franklin County to acquire property for use by the County 
Boards of Education, with a favorable report. 

S.B. 1133, a bill to allow Johnston County to acquire property for use by its Board of 
Education, with a favorable report. 

S.B. 1175, a bill to allow Stanly and Iredell Counties to acquire property for use by the 
County Boards of Education and to authorize Boards of Education in Stanly, Richmond, 
and Iredell Counties to convey property to the County in connection with improvements 
and repair of the property, with a favorable report. 

S.B. 1081 , a bill to validate school mergers and clarify merger laws so as to eliminate 
the need for substantial appropriations for separate central staffs, and so as to clarify a 
1991 special budget provision, with a favorable report. 

On motion of Senator Conder, the rules are suspended and the bill is placed on the 
Calendar for today, for consideration upon second reading in its regular order of busi- 
ness. 

S.B. 1152, a bill to change the pay date for certain employees of the Pitt County 
Schools, with a favorable report, as amended. 

H.B. 1372, a bill to change the pay date for certain employees of the Charlotte/ 
Mecklenburg schools, with a favorable report, as amended. 

By Senator Sherron for the State Personnel and State Government 
Committee: 

S.B. 1106, a bill to require the State Controller to report to the Joint Legislative 
Commission on Governmental Operations before he spends more for the State computer 
system than was anticipated in the budget for the fiscal period, with a favorable report. 

S.B. 1143, a bill to clarify the law regarding the computation of the minimum number 
of bids required for capital projects, with a favorable report. 

CONFIRMATION BY THE SENATE 

Senator Sherron, Chairman of the State Personnel and State Government 
Committee, submits the following report with recommendation as to confirmation by 
the Senate of the appointment by the Governor. 



BOARD OF TRUSTEES OF THE 
TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM 

In compliance with the provisions of G.S. 135-6 requiring appointees to the Board of 
Trustees of the Teachers' and State Employees' Retirement System to be confirmed by 
the Senate, Governor Martin has submitted his appointments, James M. Cooper, James 
R. Hawkins, W. Eugene McCombs, and Clyde R. Cook, Jr., for confirmation. The 
terms of Messrs. Cooper, Hawkins and McCombs, who are being reappointed, will 
begin immediately and will expire on April 1, 1996. The term of Mr. Cook will begin 
immediately and will expire April 4, 1995. 



June 10, 1992 



64 SENATE JOURNAL [Second Session 

The Senate Committee on State Personnel and State Government has considered the 
appointments and makes the following recommendation to the Senate: 

That the appointments of James M. Cooper, James R. Hawkins and W. 
Eugene McCombs beginning immediately and expiring April 1, 1996, 
and Clyde R. Cook, Jr. beginning immediately and expiring April 4, 
1995, to the Board of Trustees of the Teachers' and State Employees' 
Retirement System be confirmed. 

Without objection, on motion of Senator Sherron, the Chair orders the Report placed 
on the Calendar for immediate consideration. 

Pursuant to G.S. 135-6 and the recommendation submitted by Senator Sherron for the 
State Personnel and State Government Committee, Senator Sherron offers a 
motion that the appointments of James M. Cooper, James R. Hawkins and W. Eugene 
McCombs beginning immediately and expiring April 1, 1996, and Clyde R. Cook, Jr. 
beginning immediately and expiring April 4, 1995, to the Board of Trustees of the 
Teachers' and State Employees' Retirement System be confirmed, which motion 
prevails by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Richardson, Royall, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The Chair declares the appointments by the Governor confirmed. 

The Chair orders a special message sent to the House of Representatives advising that 
Honorable Body of the action of the Senate, and further orders the statutory notification 
pursuant to G.S. 143-47.7. 



RECALL FROM ENROLLING OFFICE 
S.B. 289 

Senator Block offers a motion that S.B. 289, a bill to remove the age limit for restora- 
tion to membership for a disability beneficiary in the Local Governmental Employees' 
Retirement System and the Teachers' and State Employees Retirement System, be 
recalled from the Enrolling Office for further consideration, which motion prevails. The 
enrolling clerk returns the bill to the Senate for further consideration. 

Senator Block offers a motion that the vote by which the Senate concurred in House 
Amendment No. 1 be reconsidered, which motion prevails, and the question becomes 
concurrence of House Amendment No. 1. 

The Senate fails to concur in House Amendment No. 1 (1-46). 

Senator Block offers a motion that the Senate do appoint conferees, which motion 
prevails. The President Pro Tempore takes the motion under advisement. 



REPORTS OF COMMITTEES (Continued) 
By Senator Hyde for the Constitution Committee: 

S.R. 1096, a Senate simple resolution to commemorate the Seven Hundred Seventy- 
seventh Anniversary of the Magna Carta, with a favorable report. 

On motion of Senator Hyde, the Senate simple resolution is placed on the Calendar for 
Monday, June 15, for adoption. 



June 10, 1992 



1992] SENATE JOURNAL 65 

By Senator Daniel for the Finance Committee: 

S.B. 967, a bill to revise and consolidate the Charter of the Town of Selma, with a 
favorable report. 

S.B. 1009, a bill making technical and administrative changes to the license and 
excise tax laws, with a favorable report. 

S.B. 1012, a bill to reinstate two sales tax provisions that were inadvertently deleted in 
prior legislation, with a favorable report. 

S.B. 1013, a bill to ensure that the amount of a bond filed as a condition of appealing 
a tax decision to court is adequate to cover any liability determined on appeal, with a 
favorable report. 

S.B. 1015, a bill to relieve a seller who sells property under a certificate of resale of the 
burden of proving that the sale was for resale and to provide a penalty for a purchaser who 
misuses a certificate of resale, with a favorable report. 

S.B. 1019, a bill to extend the limits of the Fleetwood and the Lansing Fire Protection 
Districts in Ashe County, with a favorable report. 

S.B. 1031 (Committee Substitute), a bill to incorporate Woodlake Village in Moore 
County, subject to a referendum, with a favorable report. 

On motion of Senator Daniel, the Committee Substitute bill is placed on the Calendar 
for Tuesday, June 16, for consideration. 

S.B. 1076, a bill to authorize the City of Albemarle to levy a room occupancy tax, 
with a favorable report. 

On motion of Senator Daniel, the bill is placed on the Calendar for Tuesday, June 16, 
for consideration. 

S.B. 969, a bill to exempt from sales and use taxes food that is acquired at wholesale 
and then donated to a nonprofit organization, with a favorable report, as amended. 

On motion of Senator Daniel, the bill is placed on the Calendar for Tuesday, June 16, 
for consideration. 

S.B. 1040, a bill to modify the maximum tax limit for the Town of Badin and change 
the method of calculating limits on increases, with a favorable report, as amended. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 1081 , a bill to validate school mergers and clarify merger laws so as to eliminate 
the need for substantial appropriations for separate central staffs, and so as to clarify a 
1991 special budget provision, upon second reading, placed on today's Calendar by 
motion earlier today. 

Senator Royall offers Amendment No. 1. 

The Chair orders, without objection, the bill temporarily displaced, with Amendment 
No. 1 pending. 

INTRODUCTION OF BILL 

A bill filed for introduction is presented to the Senate, read the first time, and disposed 
of, as follows: 



June 10, 1992 



66 SENATE JOURNAL [Second Session 

By Senator Cooper: 

S.B. 1250, a bill to reduce the soft drink tax on juice concentrates. 
Senator Cooper offers a motion that the bill be held in the Office of the Principal Clerk, 
which motion prevails. 

The bill is ordered held in the Office of the Principal Clerk. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill which is read the first time and disposed of, as follows: 

S.B. 607 (House Committee Substitute), a bill to permit certain counties to use 
property tax funds for housing rehabilitation programs already authorized by law, for 
concurrence in the House Committee Substitute bill, which is placed on the Calendar for 
tomorrow, June 11. 



CALENDAR (Continued) 

H. B. 192, a bill recommended by the Juvenile Law Study Commission to allow termi- 
nation of parental rights after a parent has left a child in foster care for twelve months 
without making reasonable progress towards correcting the conditions that led to foster 
care, as amended. 

On motion of Senator Odom, further consideration of the bill, as amended, is post- 
poned until Wednesday, June 17. 

The President relinquishes the gavel to Senator Barnes, President Pro Tempore, who 
presides in his absence. 

H.B. 277 (Senate Committee Substitute), a bill to clarify and further regulate other 
business authority under the North Carolina Consumer Finance Act. 

The Senate Committee Substitute bill passes its second (44-0) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 

S.B. 1081, a bill to validate school mergers and clarify merger laws so as to eliminate 
the need for substantial appropriations for separate central staffs, and so as to clarify a 
1991 special budget provision, upon second reading, with Amendment No. 1 pending, 
temporarily displaced earlier. 

Amendment No. 1, offered by Senator Royall, is adopted (44-0). 

Without objection, on motion of Senator Hunt, privileges of the floor are granted to 
Gerry Cohen, Director of Bill Drafting, for the purpose of assisting in the explanation of 
the measure. 

The bill, as amended, passes its second reading by roll-call vote, ayes 42, noes 3, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Seymour, Sherron, Simpson, Smith, Soles, Staton, Tally, Ward, Warren, 
and Winner — 42. 

Voting in the negative: Senators Royall, Shaw, and Speed— 3. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 11, for 
further consideration upon third reading. 

S.B. 1035, a bill to establish a comprehensive compensation system for State 
employees subject to Chapter 126 of the General Statutes and to direct the distribution of 



June 10, 1992 



1992] SENATE JOURNAL 67 

appropriations for implementation of this comprehensive compensation system, as 
amended, upon third reading. 

The bill, as amended, passes its third reading (46-0) and is ordered engrossed and 
sent to the House of Representatives. 

H. B. 1000 (Committee Substitute) , a bill to establish the North Carolina Community 
Trust for persons with severe chronic disabilities, upon third reading. 

Senator Daniel, Chairman of the Finance Committee, requests a fiscal note on the 
Committee Substitute bill. Pursuant to Rule 42. 1 , the Chair orders the measure placed 
on the Calendar for Monday, June 15, for receipt of the fiscal note. 

APPOINTMENT OF CONFERENCE COMMITTEE 

S.B. 289, a bill to remove the age limit for restoration to membership for a disability 
beneficiary in the Local Governmental Employees' Retirement System and the 
Teachers' and State Employees Retirement System. 

The motion of Senator Block, prevailing earlier today, on S.B. 289, that the Senate do 
appoint conferees, the President Pro Tempore appoints Senators Block (Chairman), 
Richardson, and Johnson as conferees on the part of the Senate to resolve the differences 
arising between the two Bodies, and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action and requesting conferees. 

On motion of Senator Royall, seconded by Senator Johnson, the Senate adjourns at 
2:45 P.M. to meet tomorrow, June 11, at 1:30 P.M. 



ONE HUNDRED TENTH DAY 

Senate Chamber, 
Thursday, June 11, 1992. 

The Senate meets pursuant to adjournment and, in the absence of the Lieutenant 
Governor, is called to order by the Honorable Henson P. Barnes, President Pro 
Tempore. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Major decisions could be made more easily, Oh God, if we were able to view life from 
the mountaintop everyday. We could see where we have been and where we are going. 
We have also learned from our spiritual teachers that the mountaintop is where we find 
You, high and lifted up. 

"Why then is most of life lived somewhere on the road between the valley and the 
mountain top, where we must make choices of direction and decision with a great deal of 
ambiguity, not able to see around the next curve. 

"It just might be that in our frustration and confusion we are compelled to call out in 
faith, and to our surprise, we find You are right along side of us, not high and lifted up; 
and as the Prophet Isaiah said: 'You are bringing low the mountains and making the 
crooked places straight.' 

"What a great word of encouragement today wherever we are on our journey . Amen. " 

Senator Royall, Deputy President Pro Tempore, announces that the Journal of yester- 
day, June 10, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



June 11, 1992 



68 SENATE JOURNAL [Second Session 

With unanimous consent, the President grants a leave of absence for today to Senator 
Lee, who is attending a meeting at the University of North Carolina at Chapel Hill; to 
Senator Warren, who is attending a dedication ceremony at the Kinston DuPont Plant; 
and to Senator Daniel. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary I Committee: 

H.B. 303, a bill to allow more than one postponement of foreclosure sales within the 
ninety-day postponement period, with a favorable report, as amended. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 1158, a bill to permit the State of North Carolina to grant a utility easement to 
Carolina Power and Light Company across Umstead Park, to require the Department of 
Transportation to maintain parking lots in the State parks and recreation areas, and to 
conform statutes relating to rule offenses committed in the State parks and recreation 
areas, with a favorable report. 

S.B. 1156, a bill to allow closed-loop groundwater remediation systems, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on her further motion is 
adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, June 15, for further consideration. 

S.B. 1169, a bill to clarify certain deductibles applicable to the Commercial Leaking 
Petroleum Underground Storage Tank Cleanup Fund, to make current landowners who 
engage in cleanups eligible for reimbursement from the Commercial Fund, and to add 
two members to the Petroleum Underground Storage Tank Funds Council, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on her further motion is 
adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, June 15, for further consideration. 

By Senator Block for the Pensions and Retirement Committee: 

S.B. 1037, a bill to increase the retirement formulas and to provide adjusting 
increases to retirees of the Teachers' and State Employees' Retirement System and the 
Local Governmental Employees' Retirement System, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 1168, a bill an act to remove the City of Concord's local modifications to G.S. 
58-84-30 and G.S. 58-84-35, with a favorable report. 

By Senator Sands for the Judiciary II Committee: 

H.B. 217 (Committee Substitute), a bill to punish as a felony an assault committed 
with intent to kill or intent to inflict extremely serious injury, with an unfavorable report 
as to Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read H.B. 217 (Senate 



June 11, 1992 



1992] SENATE JOURNAL 69 

Committee Substitute), a bill to create a new offense of stalking, is placed before the 
Senate for immediate consideration. 

On motion of Senator Sands, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Tuesday, June 16, for further 
consideration. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 995, a bill to allow banks and savings associations to merge or consolidate and to 
transfer assets and liabilities to one another, with a favorable report, as amended. 

S. B. 996, a bill to eliminate the faithful performance coverage requirements for credit 
unions, with a favorable report, as amended. 

By Senator Odom for the Insurance Committee: 

S. B. 999, a bill to amend the Medicare Supplement Insurance Statutes as required by 
federal law, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Odom, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, June 15, for further consideration. 

By Senator Sherron for the State Personnel and State Government 
Committee: 

S.B. 1129, a bill to extend the North Carolina Sentencing and Policy Advisory 
Commission and to adjust its reporting dates and membership accordingly, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, June 15, for further consideration. 

By Senator Seymour for the Public Utilities Committee: 

S.B. 1125, a bill to provide that Franklin County is authorized to construct gas lines, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Seymour, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration, and on her further 
motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, June 15, for further consideration. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of, as follows: 

H.B. 1436, a bill to amend the charter of the City of Raleigh to allow for contracts 
with federal agencies to assist other governments. 

Referred to Local Government and Regional Affairs Committee. 

H.J.R. 1574, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of Carson Gregory, 
former member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 



June 11, 1992 



70 SENATE JOURNAL [Second Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 289 House of Representatives 

June 11, 1992 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendment to SB. No. 289, A BILL TO BE ENTITLED AN ACT TO REMOVE THE 
AGE LIMIT FOR RESTORATION TO MEMBERSHIP FOR A DISABILITY 
BENEFICIARY IN THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT 
SYSTEM AND THE TEACHERS' AND STATE EMPLOYEES RETIREMENT 
SYSTEM the Speaker has appointed as conferees on the part of the House, 
Representatives Nye, Greenwood, and Brawley to act with a like committee on the part 
of the Senate to the end that the differences existing between the two bodies may be 
adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

RESOLUTION FROM ANOTHER STATE 

The following resolution is received from another legislative body (See Addendum) , 
presented to the Senate, read, and ordered placed on file in the Office of the Principal 
Clerk. 

Ohio House of Representatives Concurrent Resolution Number 24, a resolution 
Memorializing Congress to review the provisions of the Social Security Act known as the 
Social Security Offset and Windfall. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 967, a bill to revise and consolidate the Charter of the Town of Selma, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, 
Hunt, Hyde, Johnson, Martin of Guilford, Marvin, Odom, Parnell, Perdue, Plexico, 
Plyler, Pollard, Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, and Winner— 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 15, for further consider- 
ation upon third reading. 

S.B. 1019, a bill to extend the limits of the Fleetwood and the Lansing Fire Protection 
Districts in Ashe County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 35, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Block, 
Carpenter, Carter, Conder, Cooper, Daughtry, Forrester, Goldston, Hunt, Hyde, 
Johnson, Martin of Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 



June 11, 1992 



1992] SENATE JOURNAL 71 

Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, 
and Winner— 35. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 15, for further consider- 
ation upon third reading. 

S.B. 1040, a bill to modify the maximum tax limit for the Town of Badin and change 
the method of calculating limits on increases, upon second reading. 

On motion of Senator Daniel, Committee Amendment No. 1, held to be material, is 
adopted, constituting the first reading of the measure. 

The Chair orders the bill, as amended, placed on the Calendar for Monday, June 15, 
for further consideration upon second reading. 

S.B. 1033 (Committee Substitute), a bill requiring traffic signs and other traffic 
control devices placed on a municipal street system street to conform to the appearance 
criteria of the manual on uniform traffic control devices. 

The Committee Substitute bill passes its second (41-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 1077, a bill to permit the County of Stanly to rename County public and private 
roads. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1078, a bill to abolish the Office of City Treasurer of the City of Monroe. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1079, a bill to allow Stanly County to acquire property for use by the Stanly 
County Schools and the Albemarle City Schools and to authorize boards of education in 
Stanly County to convey property to the County in connection with improvements and 
repair of the property. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1087, a bill to create a new offense of third degree trespass in Rowan County. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1088, a bill to make administrative changes to the Rowan occupancy tax law. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1100, a bill to amend the law regarding appointments to the Board of Commis- 
sioners of the Nash County Hospital Authority. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1 120 , a bill to allow Cabarrus County to acquire property for use by the Cabarrus 
County Schools and the Kannapolis City Schools. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1126, a bill to allow Franklin County to acquire property for use by the County 
Boards of Education. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 



June 11, 1992 



72 SENATE JOURNAL [Second Session 

S.B. 1127, a bill to extend the exemption of Union County from certain statutory 
requirements in the construction of a County detention facility. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1133, a bill to allow Johnston County to acquire property for use by its Board of 
Education. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1146, a bill to provide an election procedure for midterm vacancies in Tabor 
City. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1175, a bill to allow Stanly and Iredell Counties to acquire property for use by the 
County Boards of Education and to authorize Boards of Education in Stanly, Richmond, 
and Iredell Counties to convey property to the County in connection with improvements 
and repair of the property. 

With unanimous consent, on motion of Senator Conder, the bill is taken up out of its 
regular order of business. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1152, a bill to change the pay date for certain employees of the Pitt County 
Schools. 

On motion of Senator Conder, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 1165, a bill to authorize the Towns of Cornelius and Davidson in Mecklenburg 
County to regulate in certain extraterritorial areas. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 1372, a bill to change the pay date for certain employees of the Charlotte/ 
Mecklenburg schools. 

On motion of Senator Conder, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1. 

S.B. 1081 , a bill to validate school mergers and clarify merger laws so as to eliminate 
the need for substantial appropriations for separate central staffs, and so as to clarify a 
1991 special budget provision, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 41, noes 1, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Martin of Pitt, Martin of Guilford, Marvin, 
Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Sands, Seymour, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, and 
Winner — 41. 

Voting in the negative: Senator Royall — 1. 

Without objection, on motion of Senator Hunt, the bill, as amended, is ordered 
engrossed and sent to the House of Representatives by special messenger. 

S.B. 1009, a bill making technical and administrative changes to the license and 
excise tax laws, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 



June 11, 1992 



1992] SENATE JOURNAL 73 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, 
Hartsell, Hyde, Johnson, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, 
Perdue, Plexico, Pollard, Raynor, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Speed, Staton, Tally, Walker, Ward, and Winner— 40. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 15, for further consider- 
ation upon third reading. 

S.B. 1012, a bill to reinstate two sales tax provisions that were inadvertently deleted in 
prior legislation, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Martin of Pitt, Martin of Guilford, Marvin, Odom, 
Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Speed, Staton, Tally, Walker, Ward, and Winner — 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 15, for further consider- 
ation upon third reading. 

S.B. 1015, a bill to relieve a seller who sells property under a certificate of resale of the 
burden of proving that the sale was for resale and to provide a penalty for a purchaser who 
misuses a certificate of resale, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Martin of Pitt, Martin of Guilford, Marvin, Odom, 
Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, June 15, for further consider- 
ation upon third reading. 

S.B. 1058, a bill to amend the General Statutes relating to shellfish leases. 

With unanimous consent, on motion of Senator Perdue, the bill is taken up out of its 
regular order of business. 

On motion of Senator Perdue, consideration of the bill is postponed until Thursday, 
June 25. 

S.B. 1004, a bill to provide for improvements in the operations of the FAIR and Beach 
Plans. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1013, a bill to ensure that the amount of a bond filed as a condition of appealing 
a tax decision to court is adequate to cover any liability determined on appeal. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1066, a bill to amend the title and scope of the Agriculture, Forestry, and 
Seafood Awareness Study Commission by deleting seafood from the Commission's title 
and area of study. 

On motion of Senator Speed, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (43-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



June 11, 1992 



74 SENATE JOURNAL [Second Session 

S.B. 1106, a bill to require the State Controller to report to the Joint Legislative 
Commission on Governmental Operations before he spends more for the State computer 
system than was anticipated in the budget for the fiscal period. 

The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1143, a bill to clarify the law regarding the computation of the minimum number 
of bids required for capital projects. 

The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 

WITHDRAWAL FROM CALENDAR 

S.B. 1009, a bill making technical and administrative changes to the license and 
excise tax laws, placed on the Calendar for Monday, June 15, earlier today for further 
consideration, upon third reading. 

Senator Winner offers a motion that the bill be taken from the Calendar for Monday, 
June 15, and be placed on the Calendar for Tuesday, June 16, which motion prevails. 

The bill is placed on the Calendar for Tuesday , June 1 6 , for further consideration upon 
third reading. 

S.B. 1012, a bill to reinstate two sales tax provisions that were inadvertently deleted in 
prior legislation, placed on the Calendar for Monday, June 15, earlier today for further 
consideration, upon third reading. 

Senator Winner offers a motion that the bill be taken from the Calendar for Monday, 
June 15, and be placed on the Calendar for Tuesday, June 16, which motion prevails. 

The bill is placed on the Calendar for Tuesday , June 1 6 , for further consideration upon 
third reading. 

S.B. 1015, a bill to relieve a seller who sells property under a certificate of resale of the 
burden of proving that the sale was for resale and to provide a penalty for a purchaser who 
misuses a certificate of resale, placed on the Calendar for Monday, June 15, earlier 
today for further consideration, upon third reading. 

Senator Winner offers a motion that the bill be taken from the Calendar for Monday, 
June 15, and be placed on the Calendar for Tuesday, June 16, which motion prevails. 

The bill is placed on the Calendar for Tuesday , June 16, for further consideration upon 
third reading. 

CALENDAR (Continued) 

S.J.R. 1194, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to modify the procedure for property tax 
appeals before the Property Tax Commission from appraisal and listing decisions and to 
levy a fee for filing an appeal to the Property Tax Commission. 

On motion of Senator Winner, consideration of the joint resolution is postponed until 
Tuesday, June 16. 

S.J.R. 1243, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to clarify the exclusion of nonpublic 
schools from the day care law. 

With unanimous consent, on motion of Senator Winner, the joint resolution is taken 
up out of its regular order of business. 

On motion of Senator Winner, consideration of the joint resolution is postponed until 
Tuesday, June 16. 

S.J.R. 1244, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to impose additional civil penalties for the 
illegal manufacture and sale of alcoholic beverages. 



June 11, 1992 



1992] SENATE JOURNAL 75 

With unanimous consent, on motion of Senator Winner, the joint resolution is taken 
up out of its regular order of business. 

On motion of Senator Winner, consideration of the joint resolution is postponed until 
Tuesday, June 16. 

S.J.R. 1209, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to remove the requirement that a person be 
a resident of the State in order to obtain a hunting and fishing guide license. 

The joint resolution passes its second (40-0) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 1222, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to exempt self-propelled truck cranes from 
certain size and weight limitations when operating on the highways. 

The joint resolution passes its second (40-0) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 1234, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital improve- 
ments projects of the constituent institutions of the University of North Carolina. 

The joint resolution passes its second (40-0) and third readings and is ordered sent to 
the House of Representatives. 

H. B. 846 (Senate Committee Substitute) , a bill to amend and make technical correc- 
tions to various insurance laws and to clarify the uninsured and underinsured motorists 
law. 

The Senate Committee Substitute bill passes its second reading (40-0). 

Without objection, on motion of Senator Simpson, the Senate Committee Substitute 
bill is temporarily displaced. 

H.J.R. 1331, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to adopt Folkmoot USA as North Caroli- 
na's Official International Folk Festival. 

The joint resolution passes its second (37-0) and third readings and is ordered 
enrolled. 

H.J.R. 1438, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to make various technical amendments to 
the General Statutes as recommended by the General Statutes Commission. 

The joint resolution passes its second (37-0) and third readings and is ordered 
enrolled. 

H.J.R. 1450, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to abolish the North Carolina Council on 
Interstate Cooperation, which has not met since 1979. 

The joint resolution passes its second (37-0) and third readings and is ordered 
enrolled. 

S.B. 607 (House Committee Substitute), a bill to permit certain counties to use 
property tax funds for housing rehabilitation programs already authorized by law, for 
concurrence in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (38-0) and the measure is 
ordered enrolled. 

H.B. 846 (Senate Committee Substitute), a bill to amend and make technical 
corrections to various insurance laws and to clarify the uninsured and underinsured 
motorists law, temporarily displaced earlier, upon third reading. 

On motion of Senator Simpson, further consideration of the Senate Committee Substi- 
tute bill is postponed until Tuesday, June 16. 



June 11, 1992 



76 SENATE JOURNAL [Second Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill, which is read the first time and disposed of, as follows: 

H.B. 945 (Committee Substitute), a bill to adjust fees in the General Court of Justice 
and the facilities fee, to allow the prorating of water fees, to authorize the Department of 
Human Resources, Division of Facility Services, to charge fees for various facilities 
seeking licensure or certification, to authorize the Department of Correction to charge a 
fee for drug testing as a condition of probation or parole, to establish a fee schedule for 
the standards laboratory, and to establish the percentage rate for the insurance 
regulatory charge. 

Referred to Finance Committee. 

On motion of Senator Royall, seconded by Senator Plyler, the Senate adjourns at 
2:50 P.M. to meet Monday, June 15, at 5:30 P.M. 



ONE HUNDRED ELEVENTH DAY 

Senate Chamber, 
Monday, June 15, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Henson P. Barnes, President Pro Tempore, in the absence of the Lieutenant Governor, 
James C. Gardner. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Righteous and Loving God, this will be a very busy week in the Senate Chamber. The 
eyes and ears of the people of our State will be focusing on what goes on here. 

"So we pray today, earnestly but with brevity, that You will help the Senators know 
where to doubt, where to feel certain, and where to submit. 

"God, impart Your presence, mercy, and guidance upon us all and grant this prayer. 
Amen." 

Senator Royall, Deputy President Pro Tempore, announces that the Journal of 
Thursday, June 1 1 , has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President Pro Tempore, grants a leave of absence for 
tonight to Senator Hartsell, who is attending the Cabarrus County Board of 
Commissioners' meeting and to Senator Winner, who is in court. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 607 (House Committee Substitute) , a bill to permit certain counties to use prop- 
erty tax funds for housing rehabilitation programs already authorized by law. (Ch. 764) 

S.J.R. 1034, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to ratify, approve, confirm, and validate 
all proceedings taken in 1991 by the governing board of any unit of local government in 
connection with the extension of the period during which bonds may be issued. (Res. 32) 

S.J.R. 1084, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to clarify that local governmental entities 
are eligible to receive grant funds for domestic violence centers. (Res. 33) 



June 15, 1992 



1992] SENATE JOURNAL 77 

H.J.R. 1331, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to adopt Folkmoot USA as North 
Carolina's Official International Folk Festival. (Res. 34) 

H.J.R. 1438, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to make various technical amendments to 
the General Statutes as recommended by the General Statutes Commission. (Res. 35) 

H.J.R. 1450, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to abolish the North Carolina Council on 
Interstate Cooperation, which has not met since 1979. (Res. 36) 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 1159, a bill to repeal the requirement that long-term contracts entered into by 
local governments for the collection and disposal of nonhazardous solid waste must be 
approved by the Department of Environment, Health, and Natural Resources, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 1159 (Committee Substitute), a bill to repeal 
the requirement that long-term contracts entered into by local governments for the 
collection and disposal of nonhazardous solid waste must be approved by the Department 
of Environment, Health, and Natural Resources and to allow all local governments to 
enter into such contracts, is placed before the Senate for immediate consideration. 

On motion of Senator Tally, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Tuesday, June 16, for further consideration. 

INTRODUCTION OF RESOLUTIONS 

Resolutions filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Allran: 

S.J.R. 1251, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide that experienced electrical 
supervisors employed in the manufacturing industry may draw internal electrical wiring 
prints and supervise internal electrical wiring work without meeting the licensure require- 
ments for engineers and land surveyors. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Pollard: 

S.J.R. 1252, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to raise the age of compulsory attendance 
in public schools and to reallocate part of the funds appropriated for dropout prevention 
for the 1992-93 fiscal year. 

Referred to Rules and Operation of the Senate Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages and special messages are received from the House of Representatives, 
transmitting the following bills and resolutions , which are read the first time and disposed 
of, as follows: 



June 15, 1992 



78 SENATE JOURNAL [Second Session 

H.B. 1316, a bill to modify the regulation of the use and discharge of pyrotechnics in 
Nash and Edgecombe Counties. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1320 (Committee Substitute), a bill to clarify that the scrap tire disposal tax 
does not apply to new tires placed on newly manufactured vehicles. 
Referred to Finance Committee. 

H.B. 1322, a bill to increase the amount of beer a mini-brewery can sell to consumers 
at the brewery and to make technical and conforming changes to the alcoholic beverage 
laws. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 1324 (Committee Substitute) , a bill to clarify the statutes governing income tax 
returns and tax filing extensions and to authorize the Secretary of Revenue to allow 
paperless tax filing extensions and electronic filing of income tax returns. 

Referred to Finance Committee. 

H.B. 1325, a bill to make conforming changes to the corporate income tax on unre- 
lated business income of exempt corporations. 
Referred to Finance Committee. 

H.B. 1326, a bill to update the reference to the Internal Revenue Code used to deter- 
mine certain taxable income and tax exemptions. 
Referred to Finance Committee. 

H.B. 1340 (Committee Substitute), a bill to modify the Appropriations and Budget 
Revenue Act of 1991, As Amended, and to make other changes in the budget operation 
of the State. (See Addendum) 

Referred to Appropriations Committee. 

H.J.R. 1379, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to clarify that special library registration 
deputies need not reside in the county where they register voters. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 1406, a bill to divide the Flatwoods Fire District in Harnett County into two fire 
districts— the Flatwoods Rural Fire District and the Bunnlevel Rural Fire Insurance 
District. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 1432 (Committee Substitute), a bill to set the 1992 and 1993 election calendar 
for the Anson County Board of Commissioners. 
Referred to Election Laws Committee. 

H.B. 1440, a bill to provide that future elections for the Office of Mayor of Burgaw 
shall be for four-year terms. 

Referred to Election Laws Committee. 

H.B. 1441 (Committee Substitute), a bill to allow the City of Mount Airy and the 
County of Ashe to take into consideration prospective revenues generated by the develop- 
ment in arriving at the amount of consideration for an economic development 
conveyance. 

Referred to Economic Development Committee. 

H.B. 1469, a bill to provide that the limitation on the height of structures under the 
comprehensive zoning ordinance of the Town of Yaupon Beach may be changed only 
with the approval of the voters of that Town. 

Referred to Local Government and Regional Affairs Committee. 



June 15, 1992 



1992] SENATE JOURNAL 79 

H.B. 1470, a bill to authorize the Towns of Holden Beach, Sunset Beach, Long 
Beach, Topsail Beach, North Topsail Beach and Surf City to create sea turtle 
sanctuaries. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 147 1 , a bill to remove the sunset from the act prohibiting the placement of a new 
ABC store within seven miles of the corporate limits of a municipality in which there is an 
existing ABC store in Brunswick County. 

Referred to Alcoholic Beverage Control Committee. 

H.B. 1475 (Committee Substitute), a bill to permit the Counties of Harnett and 
Watauga to rename County public and private roads. 

Referred to Local Government and Regional Affairs Committee. 

H.J.R. 1536, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to repeal the "Resign-to-Run" Act to 
comply with a decision of the North Carolina Supreme Court. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 1576, a bill to allow Emerald Isle to regulate personal watercraft operation. 
Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.J.R. 1618, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to validate the registration of instruments 
signed in the name of the register of deeds by the register's assistant or deputy and 
initialed by the assistant or deputy. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 1619, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to allow certain advertising signs along the 
right-of-way of State highways. 

Referred to Rules and Operation of the Senate Committee. 



REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

S.B. 972, a bill to permit public transportation authorities and regional public 
transportation authorities to receive annual sales tax refunds, with a favorable report. 

S.B. 974, a bill to allow cities and counties to use property taxes to support public 
transportation without calling a referendum, with a favorable report. 

S.B. 1014, a bill to revise the category of special mobile equipment, to establish a 
uniform registration fee for special mobile equipment, to allow special mobile equipment 
to tow certain vehicles, and to make mobile classrooms and mobile offices subject to 
sales tax rather than highway use tax, with a favorable report. 

S.B. 1115, a bill to make the fee for a commercial driver learner's permit the same as 
the fee for a regular learner's permit, with a favorable report. 

S.B. 1245, a bill to provide that joint agencies created by interlocal agreement to 
operate public broadcasting television stations are eligible for sales tax refunds provided 
to governmental entities, with a favorable report, as amended. 



June 15, 1992 



80 SENATE JOURNAL [Second Session 

S.B. 1195, a bill to exempt from sales and use taxes prescription medicine that is 
donated to a nonprofit organization, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 1195 (Committee Substitute), a bill to exempt 
from sales and use taxes drugs that are donated to a nonprofit organization, is placed 
before the Senate for immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, June 16, for further consideration. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 967 , a bill to revise and consolidate the Charter of the Town of Selma , upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hunt, Hyde, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, 
Parnell, Perdue, Plexico, Plyler, Raynor, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Smith, Speed, Staton, Tally, Walker, Ward, and Warren— 41. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1019, a bill to extend the limits of the Fleetwood and the Lansing Fire Protection 
Districts in Ashe County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hunt, Hyde, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Smith, Speed, Staton, Tally, Walker, Ward, and 
Warren — 42. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1040, a bill to modify the maximum tax limit for the Town of Badin and change 
the method of calculating limits on increases, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hunt, Hyde, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Smith, Speed, Staton, Tally, Walker, Ward, 
and Warren — 43. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 16, for 
further consideration upon third reading. 

S.B. 1 125 (Committee Substitute) , a bill to provide that Franklin County is authorized 
to construct gas lines. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 



June 15, 1992 



1992] SENATE JOURNAL 81 

S.B. 1168, a bill an act to remove the City of Concord's local modifications to 
G.S. 58-84-30 and G.S. 58-84-35. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

Senator Lee rises and offers a motion that the rules be suspended to grant privileges of 
the floor to Cynthia Rae Bland, a sixth grade student from Chatham County, which 
motion prevails. Senator Lee further offers a motion that the rules be suspended to allow 
Miss Bland to approach the Well of the Senate and read her award-winning essay, 
"What Freedom Means to Me," commemorating Flag Day, which motion prevails. 

The Chair appoints Senator Lee and Senator Walker to escort Miss Bland to the Well 
of the Senate, where she is introduced and reads her essay to the membership. The 
members respond with a standing ovation. 

Senator Lee and Senator Walker escort Miss Bland from the Chamber. 

With unanimous consent, on motion of Senator Walker, Miss Bland's remarks are 
spread upon the Journal, as follows: 

"What freedom means to me. Freedom means that I can go to church and nobody 
cares what religion I am or whether I go to church at all. It also means that I can belong 
to any group that I please. Freedom can also allow newspapers and magazines to print 
anything. It can also remind me of the Presidents who fought for freedom. 

"The right to vote has been very important for the people for without the right to vote, 
we would not have had the wonderful Presidents that served us in the past. One of the 
most important Presidents was Abraham Lincoln. He freed the slaves to make life better 
for us all. 

"There are two images I think of when freedom is in my mind — the flag of the United 
States and our National Bird, the Bald Eagle. These are two symbols of the nation 
beginning with the thirteen colonies. Since then, the Constitution of the United States 
and a great item called democracy have guided us to a nation of great progress. 

"Still there are flaws in our nation, but we have our symbols, the Constitution and 
democracy to cover them up. The most important thing which has guided us these many 
years is the people who wrote and believed in the Constitution of the United States. It is 
important for us to continue believing in the Constitution, because without it we would 
still be stuck in thirteen small colonies ruled by England." 



CALENDAR (Continued) 

S.R. 1096, a Senate simple resolution to commemorate the Seven Hundred Seventy- 
seventh Anniversary of the Magna Carta, for adoption. 

On motion of Senator Hyde, the Senate simple resolution is adopted (44-0) . The text 
of the resolution reads, as follows: 

Whereas, on June 15, 1215, King John of England set his seal to a document granting 
certain privileges and rights to his subjects, which document was later called the Magna 
Carta, or the Great Charter; and 

Whereas, this document consists of a preamble and 63 clauses, written in Latin, and 
was presented by the King to a group of rebellious barons at Runnymede, a meadow 
beside the Thames not far from London; and 

Whereas, on the eve of the Magna Carta, King John had alienated most of his 
kingdom by demanding excessive military service, favoring friends, selling offices, 
increasing old taxes, imposing new taxes without consent, deciding cases by royal whim, 
and collecting crushing fines; and 

Whereas, certain provisions were extremely influential as the "seeds" of the principle 
of due process of law that guarantees persons freedom from arbitrary imprisonment or 
punishment and assures proper judicial trial; and 

Whereas, in the United States the Magna Carta has served as a source book of basic 
principles for our national and other state constitutions; and 



June 15, 1992 



82 SENATE JOURNAL [Second Session 

Whereas, Section 19 of Article 1 of the North Carolina Constitution which provides 
that "no person. . .shall be deprived of his life, liberty, or property, but by the law of the 
land" is directly traceable to the Magna Carta and guarantees justice in a court of law; 
and 

Whereas, the Magna Carta, having granted liberties and privileges that were to 
become fundamental legal rights, is today regarded as the cornerstone of English liberty; 
Now, therefore, be it resolved by the Senate: 

Section 1 . The Senate commemorates the 777th anniversary of the Magna Carta and 
its contribution to the development of constitutional government and an impartial judicial 
system throughout English-speaking countries. 

Section 2. This resolution is effective upon adoption. 

With unanimous consent, on motion of Senator Shaw, the remarks of Senator Hyde 
are spread upon the Journal, as follows: 

Senator Hyde: 

"Mr. President, I can't think of anything that would have placed me more off balance 
than that wonderful essay that young lady just read. I rise to speak to commemorate 
Magna Carta. She stood before you and read an essay, a moment ago, on freedom and 
the Constitution and what it means, and I will speak to you very briefly on the same 
subject. 

"I do it, Mr. President, and members of the Senate, at a rather odd anniversary, 777. 
And, when I mentioned that to Senator Shaw he said that he was glad it was not 666. But 
I want to tell you and this maybe hard to believe— twenty-seven years ago, today, I stood 
in this same spot. I sat in this same seat. I did not sit all these years, but when I served 
the first time in the Senate, I had seat number 22 and I sat next to First District 
Congressman Walter B. Jones, Sr. at that time. 

"And on the 750th Anniversary of Magna Carta, I stood and reminded this Chamber 
of its birthday. But I offered no resolution, and nothing was put in the minutes about it, 
and I went back the other day and read to try to find and to see if anything was there; it 
wasn't. 

"And so, I offered this Senate resolution, not a joint resolution, because the Senate 
has a rule, and we had to suspend that; the House has a rule Rule 40c, that we do not 
commemorate anything except people who have passed on or North Carolina institu- 
tions. 

"Magna Carta is so much a part of our North Carolina Constitution that we could 
claim or lawyers could claim, perhaps, that it was a North Carolina institution, but I 
think that could be stretching that a little, so I asked you to suspend the rules. 

"On June 15, in the year 1215, 777 years ago, near London, near the Thames River, 
King John — who was not much of a King — no one ever carried that name again. That was 
the last fellow in England who carried it, but he was forced by the knights of his kingdom, 
not the common people, but the knights of his kingdom, to grant a certain charter. It 
became known as the 'Great Charter' or Magna Carta. It was not long after that that he 
backed out of it or tried to back out of it. He died the next year, 1216, and his son, Henry 
III, was not twenty-one; when he became twenty-one, when he reached the point where 
he could take over the crown on his own in the year 1225, he reaffirmed the 
Magna Carta. 

"It was reaffirmed again in 1297 and since that at times was reaffirmed. Most nota- 
bly, perhaps, was in the year 1628 when the English Bill of Rights was passed. And 
perhaps, like our own War Between the States which brought about all kinds of constitu- 
tional changes without a word being written in the Constitution, the revolutions in 
England in 1640 and then the quiet Bloodless Revolution in 1688 when James II passed 
out and William of Orange came in. Those two made great changes in the rights of 
people. So, I am not going to tell you that all the rights we now have were set forth 
precisely in the Magna Carta, but enough was said in that document which had sixty- 
nine articles and, particularly, in Article XXXIX. 



June 15, 1992 



1992] SENATE JOURNAL 83 

"And that Article XXXIX reads, as follows, 'No free man shall be taken or imprisoned 
or deseized. . . ' , that means dispossessed, ' . . .or exiled or in any way destroyed nor will 
we go upon him nor send upon him except by the law or judgment of his peers or by the 
law of the land. ' And in Article XL, 'To no one will we sell, to no one will we refuse or 
delay right or justice. . . ' 

"Today, that is embodied in Article I, Section 19, of the North Carolina Constitution. 
It also appears in about seven other state constitutions and in the Fifth Amendment to the 
Constitution of the United States. Magna Carta was the first attempt and the first act on 
the face of the earth to take any power away from any king in England or elsewhere. It 
stands today as the cornerstone of English liberty and of American liberty. 

"Our own State was set up, of course, in 1665 with eight Lords Proprietors, as you all 
know, and John Locke, who was a great writer on government, was the Secretary to that 
group. It is said by some that he wrote our first fundamental constitution in the year 
1669. Others say, 'Well yes, he wrote it; it's in his handwriting, but we think he just 
copied it. ' But we have got it in a book that was put out in 1975 by our Secretary of State, 
and if you want to check it, you will find the readings out of Magna Carta, right there in 
our fundamental constitution. 

"By the way, that constitution does some other things. It forbids lawyers from taking 
fees; it keeps preachers from serving in the General Assembly, and it also puts sunset 
laws on. But, maybe you did not know those things; maybe you ought to go read it and 
find out about it, but it does those things. 

"Nevertheless, John Locke (and I've got his book which he wrote in the year 1698, 
well, he published it first in 1690, Essay on Government, and in it he again quotes from 
Magna Carta), he uses the terms 'life, liberty, and property.' Thomas Jefferson, of 
course, knew John Locke, and he took that term and turned it into 'life, liberty, and the 
pursuit of happiness' and put it in the Declaration of Independence. And then we liked 
what he did, and we brought it back and put it into our Constitution, so it got changed in 
that way. But that is the history of that. And John Locke wrote that Essay on Govern- 
ment in 1690; he actually did it as a political tract because John Churchill, who was the 
ancestor of Winston Churchill, was then the Prime Minister. The greatest military lead- 
er England ever had, the Duke of Malborough, he was then serving Queen Anne, and he 
was having some trouble, political trouble, in Parliament, so he got John Locke to write 
that Essay which became famous as the Essay on Government. 

"And I have copy of it, the original, right here, and at the end of it, you would be 
delighted to read the last paragraph where he says that if the people grow tired of their 
government or if their government does not live up to what they expect, they have the 
right to throw them out and put somebody else in. I think that probably applies today, 
and I think some people in this country know that. 

"I am not going to go all through all of these things that Magna Carta has done for us, 
but the reason I stand before you, and I take your time tonight is this — this young lady, 
back here, personifies what I am getting at. It's to let the people of this State know that 
we have a foundation in liberty, that we have something worth living for, and, Senator 
Lee, like you and I and many other veterans know, worth fighting for. There are a few 
things on earth worth dying for. There are many worth living for, but some are worth 
fighting for. And liberty and justice, and equal justice under the law is worth standing on 
the line, and if necessary, giving your life for. Millions of people have done that over the 
years, and it behooves us as Americans, and I am not trying to make a 4th of July speech, 
but it behooves us as Americans, every once in a while, to call the attention of our young 
people to these documents, to these historical facts, to these things which hold us togeth- 
er, which do not tear us apart; which makes us a people, knowing that we, and Mr. 
President, I say this with all sincerity, that we are one family, under God; that we are 
Americans, that we are free men and women, and that we believe injustice for all. And 
therefore, Mr. President, I ask the members of this Chamber to vote for this resolution, 
so that we may commemorate Magna Carta and remind the people of this State what 
government is all about." 



June 15, 1992 



84 SENATE JOURNAL [Second Session 

With unanimous consent, Rule 40 relative to the 8:30 P.M. filing deadline is set for 
7:00 P.M. tonight. 

With bills remaining on the Calendar, on motion of Senator Royall , seconded by Sena- 
tor Speed, the Senate adjourns at 6:15 P.M. to meet tomorrow, June 16, at 1:30 P.M. 



ONE HUNDRED TWELFTH DAY 

Senate Chamber, 
Tuesday, June 16, 1992. 

The Senate meets pursuant to adjournment and in the absence of the Lieutenant 
Governor is called to order by the Honorable Henson P. Barnes, President Pro Tempore. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father, in any group of people; a family, a congregation, all the people in this room, 
if real community is to exist, a common denominator among its members must be found; 
that element which allows the community to function with meaning and authenticity. 
The common denominator here is not vocation nor is it education. It might be found 
when one of Your servants holds a microphone and speaks into it, most likely it will be 
discovered in a casual, quick over-the-shoulder exchange or in a quiet, serious conver- 
sation at lunch. 

"That common denominator is our strong desire to know others in the community, 
really know them and more importantly our stronger desire to be known. It is instinctive, 
O Lord, born out of our greater desire to know who You are and for You to know us, even 
to call our name. So today we say with the Psalmist, 'Search us, O God, and know our 
hearts' to the end that this community will be strengthened. Amen." 

Senator Royall, Deputy President Pro Tempore, announces that the Journal of yester- 
day, June 15, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 277 (Senate Committee Substitute), an act to clarify and further regulate other 
business authority under the North Carolina Consumer Finance Act. (Ch. 765) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary I Committee: 

H.B. 530 (Committee Substitute) , a bill making various amendments to Chapter 85B 
of the General Statutes relating to auctions and auctioneers, with an unfavorable report 
as to Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read H.B. 530 (Senate 



June 16, 1992 



1992] SENATE JOURNAL 85 

Committee Substitute), a bill making various amendments to Chapter 85B and Chapter 
20 of the General Statutes relating to auctions and auctioneers, is placed before the Sen- 
ate for immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for Tuesday, June 23, for further consideration. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 994, a bill to permit investment of trust assets in mutual funds advised by a 
corporate trustee, with a favorable report, as amended. 

INTRODUCTION OF RESOLUTIONS 

Resolutions filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Sherron: 

S.J.R. 1253, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to modify the administrative structure of 
the Teachers' and State Employees' Comprehensive Major Medical Plan. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Johnson: 

S.J.R. 1254, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to authorize the North Carolina State 
Board of Dental Examiners to collect a special fee from North Carolina licensed dentists, 
with the resulting funds to be used to pay expenses of newly authorized State-sanctioned 
peer review organizations to operate programs for impaired dentists. 

Referred to Rules and Operation of the Senate Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of, as follows: 

S.B. 804, a bill to require students enrolled in public kindergarten, first grade or 
second grade who are under the age of seven to attend school, for concurrence in House 
Amendment No. 1, which is placed on the Calendar for tomorrow, June 17. 

H.B. 1350, a bill to make technical and administrative changes relating to property 
taxes on motor vehicles. 

Referred to Finance Committee. 

H.B. 1376 (Committee Substitute) , a bill to authorize Bertie, Chowan, Hertford, and 
Tyrrell Counties to enter into long-term contracts for disposal of solid waste. 

Pursuant to Rule 53, and prior to the first reading of the measure, the Chair orders the 
Committee Substitute bill held in the Office of the Principal Clerk. 

H.B. 1405 (Committee Substitute), a bill to provide for the nonpartisan election of 
the Carteret County Board of Education, subject to a referendum. 
Referred to Election Laws Committee. 

H.B. 1409 (Committee Substitute), a bill to authorize Moore County to enter into 
long-term contracts for disposal of solid waste. 

Pursuant to Rule 53, and prior to the first reading of the measure, the Chair orders the 
Committee Substitute bill held in the Office of the Principal Clerk. 



June 16, 1992 



86 SENATE JOURNAL [Second Session 

H.B. 1423 (Committee Substitute), a bill concerning the consent of New Hanover 
and Pender Counties with regard to certain land acquisitions in those counties. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1467, a bill to allow the Town of Caswell Beach to make special assessments for 
undergrounding of utilities. 

Referred to Public Utilities Committee and upon a favorable report, re-referred to 
the Finance Committee. 



WITHDRAWAL FROM CALENDAR 

S.B. 1159 (Committee Substitute), a bill to repeal the requirement that long-term 
contracts entered into by local governments for the collection and disposal of non- 
hazardous solid waste must be approved by the Department of Environment , Health , and 
Natural Resources and to allow all local governments to enter into such contracts. 

Senator Tally offers a motion that the Committee Substitute bill be taken from the 
Calendar for today, June 16, and be placed on the Calendar for tomorrow, June 17, 
which motion prevails. 

The Committee Substitute bill is placed on the Calendar for tomorrow, June 17, for 
consideration. 



REPORT TO GENERAL ASSEMBLY 

An agency directed to report to the General Assembly submits a report (See 
Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to Chapter 59, Section 3, 1991 Session Laws, the North Carolina 
Department of Human Resources submits its Report to the General Assembly on the 
Costs Required to Implement the Home Care Licensure Act. 

CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
Monday, June 15, are taken up and disposed of, as follows: 

S.B. 995, a bill to allow banks and savings associations to merge or consolidate and to 
transfer assets and liabilities to one another. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (50-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 996, a bill to eliminate the faithful performance coverage requirements for credit 
unions. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 999 (Committee Substitute), a bill to amend the Medicare Supplement 
Insurance Statutes as required by federal law. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 1 129 (Committee Substitute) , a bill to extend the North Carolina Sentencing and 
Policy Advisory Commission and to adjust its reporting dates and membership 
accordingly. 

The Committee Substitute bill passes its second reading (44-0). 



June 16, 1992 



1992] SENATE JOURNAL 87 

Senator Block objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, June 17, for further consideration, upon 
third reading. 

S.B. 1156 (Committee Substitute), a bill to allow closed-loop groundwater 
remediation systems. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 1158, a bill to permit the State of North Carolina to grant a utility easement to 
Carolina Power and Light Company across Umstead Park, to require the Department of 
Transportation to maintain parking lots in the State parks and recreation areas, and to 
conform statutes relating to rule offenses committed in the State parks and recreation 
areas. 

Senator Sherron offers Amendment No. 1 which is adopted (47-0) , changing the title 
to read S.B. 1 158 , a bill to permit the State of North Carolina to grant a utility easement 
to Carolina Power and Light Company across Umstead Park and to require the Depart- 
ment of Transportation to maintain parking lots in the State parks and recreation areas. 

The bill, as amended, passes its second (48-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

WITHDRAWAL FROM CALENDAR 

S.B. 1058, a bill to amend the General Statutes relating to shellfish leases. 
Senator Perdue offers a motion that the bill be taken from the Calendar for Thursday, 
June 25, and be placed on the Calendar for tomorrow, June 17, which motion prevails. 
The bill is placed on the Calendar for tomorrow, June 17, for consideration. 

CALENDAR (Continued) 

S.B. 1169 (Committee Substitute), a bill to clarify certain deductibles applicable to 
the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, to make 
current landowners who engage in cleanups eligible for reimbursement from the 
Commercial Fund, and to add two members to the Petroleum Underground Storage Tank 
Funds Council. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 1 129 (Committee Substitute) , a bill to extend the North Carolina Sentencing and 
Policy Advisory Commission and to adjust its reporting dates and membership accord- 
ingly, placed earlier today on the Calendar for tomorrow, June 17, upon third reading. 

Senator Block withdraws his objection to third reading. With unanimous consent, the 
Chair reverses his order and the measure is taken from the Calendar of tomorrow, June 
17, and placed before the Senate for immediate consideration upon its third reading. 

The Committee Substitute bill passes its third reading and is ordered sent to the House 
of Representatives. 

H.B. 303, a bill to allow more than one postponement of foreclosure sales within the 
ninety-day postponement period. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (42-0) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 1000 (Committee Substitute) , a bill to establish the North Carolina Community 
Trust for persons with severe chronic disabilities, upon third reading. 

The Committee Substitute bill passes its third reading (46-0) and is ordered enrolled. 



June 16, 1992 



88 SENATE JOURNAL [Second Session 

Bills and Resolutions on today's Calendar are taken up and disposed of, as follows: 

S.B. 1040, a bill to modify the maximum tax limit for the Town of Badin and change 
the method of calculating limits on increases, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 47, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 47. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 1031 (Committee Substitute), a bill to incorporate Woodlake Village in Moore 
County, subject to a referendum, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 1, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner— 45. 

Voting in the negative: Senator Blackmon— 1. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, June 
17, for further consideration, upon third reading. 

S.B. 1076, a bill to authorize the City of Albemarle to levy a room occupancy tax, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plexico, Plyler, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 17, for further consider- 
ation, upon third reading. 

S.B. 1069, a bill to amend and restate the Charter of the Greenville Utilities 
Commission of the City of Greenville. 

On motion of Senator Seymour, Committee Amendment No. 1 is adopted. 

The Chair orders, without objection, the bill, as amended, temporarily displaced. 



CONFERENCE REPORT 
S.B. 289 

Senator Block for the Conferees appointed to consider the differences arising between 
the Senate and the House of Representatives on S. B. 289, a bill to remove the age limit 
for restoration to membership for a disability beneficiary in the Local Governmental 
Employees' Retirement System and the Teachers' and State Employees Retirement 
System, submits the following report: 



June 16, 1992 



1992] SENATE JOURNAL 89 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Bill 289, A BILL TO BE ENTITLED AN 
ACT TO REMOVE THE AGE LIMIT FOR RESTORATION TO MEMBERSHIP FOR 
A DISABILITY BENEFICIARY IN THE LOCAL GOVERNMENTAL EMPLOYEES ' 
RETIREMENT SYSTEM AND THE TEACHERS' AND STATE EMPLOYEES 
RETIREMENT SYSTEM, as amended by House Amendment No. 1, 

wish to report as follows: The House recedes from Amendment #1 and the House and 
Senate agree on the following amendment: on page 8, line 16, by rewriting that line to 
read: 

"Sec. 3. This act becomes effective July 1, 1992." 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 16th day of June, 1992. 

S/Franklin L. Block S/Edd Nye 

S/Joseph E. Johnson S/C. Robert Brawley 

S/Jim Richardson S/Gordon H. Greenwood 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Block, the Conference Report is adopted (45-0) , and a message 
is ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

CALENDAR (Continued) 

S.B. 1069, a bill to amend and restate the Charter of the Greenville Utilities 
Commission of the City of Greenville, as amended, temporarily displaced earlier. 

The Chair rules the bill, as amended, requires a call of the roll. 

The bill, as amended, passes its second reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hyde, Johnson, Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Perdue, Plexico, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner— 42. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 17, for 
further consideration upon third reading. 

S.B. 1009, a bill making technical and administrative changes to the license and ex- 
cise tax laws, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 47. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 



June 16, 1992 



90 SENATE JOURNAL [Second Session 

S. B. 1012, a bill to reinstate two sales tax provisions that were inadvertently deleted in 
prior legislation, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Tally, Walker, Ward, Warren, and Winner— 49. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1015, a bill to relieve a seller who sells property under a certificate of resale of the 
burden of proving that the sale was for resale and to provide a penalty for a purchaser who 
misuses a certificate of resale, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Tally, Walker, Ward, Warren, and Winner— 49. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 974, a bill to allow cities and counties to use property taxes to support public 
transportation without calling a referendum, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 17, for further consider- 
ation upon third reading. 

S.B. 1014, a bill to revise the category of special mobile equipment, to establish a 
uniform registration fee for special mobile equipment, to allow special mobile equipment 
to tow certain vehicles, and to make mobile classrooms and mobile offices subject to 
sales tax rather than highway use tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Tally, Walker, Ward, Warren, and Winner — 49. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 17, for further consider- 
ation upon third reading. 

S.B. 1195 (Committee Substitute), a bill to exempt from sales and use taxes drugs 
that are donated to a nonprofit organization. 

With unanimous consent, on motion of Senator Daniel, the Committee Substitute bill 
is taken up out of its regular order of business. 



June 16, 1992 



1992] SENATE JOURNAL 91 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 969, a bill to exempt from sales and use taxes food that is acquired at wholesale 
and then donated to a nonprofit organization. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

Senator Staton offers Amendment No. 2 which proposes to change the title to read 
S.B. 969, a bill to exempt from sales and use taxes food that is acquired at wholesale and 
then donated to a nonprofit organization and to grant unqualified immunity for donated 
food to donors and donees with liability insurance. 

The Chair rules Amendment No. 2 is germane. 

Senator Hyde offers a motion that the bill, as amended, with Amendment No. 2 
pending be re-referred to the Judiciary I Committee. 

Senator Daniel offers a substitute motion that the bill, as amended, with Amendment 
No. 2 pending be taken from today's Calendar and placed on the Calendar for tomor- 
row, June 17. 

With unanimous consent, Senator Hyde withdraws his motion to re-refer the measure 
to the Judiciary I Committee. 

The motion of Senator Daniel that further consideration of the bill, as amended, with 
Amendment No. 2 pending, be postponed until tomorrow, June 17, prevails. 

The Chair orders the measure, with Amendment No. 2 pending, placed on the 
Calendar for tomorrow, June 17, for further consideration. 

S.B. 972, a bill to permit public transportation authorities and regional public trans- 
portation authorities to receive annual sales tax refunds. 

The bill passes its second (43-1) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1115, a bill to make the fee for a commercial driver learner's permit the same as 
the fee for a regular learner's permit. 

The bill passes its second (44-1) and third readings and is ordered sent to the House of 
Representatives. 

S.J.R. 1194, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to modify the procedure for property tax 
appeals before the Property Tax Commission from appraisal and listing decisions and to 
levy a fee for filing an appeal to the Property Tax Commission. 

The joint resolution passes its second (44-1) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 1243, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to clarify the exclusion of nonpublic 
schools from the day care law. 

The joint resolution passes its second (45-1) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 1244, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to impose additional civil penalties for the 
illegal manufacture and sale of alcoholic beverages. 

The joint resolution passes its second (45-1) and third readings and is ordered sent to 
the House of Representatives. 

S.B. 1245, a bill to provide that joint agencies created by interlocal agreement to 
operate public broadcasting television stations are eligible for sales tax refunds provided 
to governmental entities. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (46-1). 



June 16, 1992 



92 SENATE JOURNAL [Second Session 

Senator Bryan objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, June 17, for further consideration upon 
third reading. 

The President Pro Tempore, Senator Barnes, relinquishes the gavel to Senator Royall, 
Deputy President Pro Tempore, who presides. 

H.B. 217 (Senate Committee Substitute), a bill to create a new offense of stalking. 

The Senate Committee Substitute bill passes its second (47-0) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 

H.B. 846 (Senate Committee Substitute) , a bill to amend and make technical correc- 
tions to various insurance laws and to clarify the uninsured and underinsured motorists 
law, upon third reading. 

The Senate Committee Substitute bill passes its third reading (48-0) and is ordered 
sent to the House of Representatives, for concurrence in the Senate Committee Substitute 
bill. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.B. 289 House of Representatives 

June 16, 1992 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on SB. No. 289, A BILL TO BE 
ENTITLED AN ACT TO REMOVE THE AGE LIMIT FOR RESTORATION TO 
MEMBERSHIP FOR A DISABILITY BENEFICIARY IN THE LOCAL 
GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM AND THE 
TEACHERS' AND STATE EMPLOYEES RETIREMENT SYSTEM 

to the end that when a similar action has been taken on the part of the Senate, you may 
order the bill enrolled. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

The bill is ordered enrolled. 

The President recognizes the following pages serving in the Senate this week: 

Ashley Allen, Raleigh; Christen Batchelor, Raleigh; Katherine Boyette, Wilson; 
Lavon Brown, Cove City; Seth N. Brown, Winton; Justin D. Anders Drewry, Raleigh; 
Vanessa Carol Van Dyke, Yancey ville; Emily Caroline Fitzgerald, Selma; Sarah Ryan 
Fletcher, Brown Summit; Mark Green, Fayetteville; Farrah Griffin, Raleigh; Martin 
Scott Gould, Wake Forest; Tiffany Joy Guthrie, Harkers Island; James M. Herndon III, 
Apex; Chris Hester, Burlington; Misty Nicole Home, Hope Mills; Denise Johnston, 
Vanceboro; Carol King, Raleigh; Andrea L. Main, Raleigh; Quinn Ashley Marvin, 
Charlotte; Monica Mohan, Raleigh; Boo Ogburn, Smithfield; Scott Anthony Ogle, 
Raleigh; David Kenneth Olson, Hendersonville; Thomas Corbert Thompson, Dana; 
Jeffrey Michael Westbrook, Durham; and Lauren Winner, Charlottesville, Virginia. 

On motion of Senator Basnight, seconded by Senator Marvin, the Senate adjourns at 
3:50 P.M. to meet tomorrow, June 17, at 1:30 P.M. 



June 16, 1992 



1992] SENATE JOURNAL 93 

ONE HUNDRED THIRTEENTH DAY 

Senate Chamber, 
Wednesday, June 17, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"The painted sign on the part of the silo still standing in Chandler, Minnesota, says, 
'In God we trust.' We remember with empathy and concern the people of our sister 
midwestern states who have been devastated by tornadoes that hit yesterday. Be 
especially close to them, Oh Lord, for we remember that good people from our own State 
experienced that kind of catastrophe not so long ago. 

"Their experience reminds us that on some days we feel that everything important falls 
to our personal responsibility; the welfare of family and friends, finances, the best 
interests of the people of this State. 

"When we need respite and renewed energy, Your Words encourage us, 'Come unto 
me all you who labor and are heavy laden. I will give you rest. ' Thank You for the 
promise of broader shoulders onto which we may place some of our responsibilities. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 16, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Bryan due to personal reasons. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Perdue for the Higher Education Committee: 

S.R. 970, a Senate simple resolution to establish the procedure for nominating and 
electing one member to fill the vacancy on the Board of Governors of the University of 
North Carolina, with a favorable report, as amended. 

On motion of Senator Perdue, the Senate simple resolution is placed before the Senate 
for immediate consideration and on her further motion Committee Amendment No. 1 is 
adopted. 

On motion of Senator Perdue, the Senate simple resolution is adopted (46-0) and 
ordered engrossed. The text of this resolution is as follows: 

Be it resolved by the Senate: 

Section 1 . The following procedures for nominating and electing one member of the 
Board of Governors of The University of North Carolina to fill the vacant seat in the 
at-large category for the remainder of the unexpired four-year term that began July 1 , 
1989, are adopted: 

I. COMMITTEE RESPONSIBILITIES. 

1. It is the duty of the Senate Committee on Higher Education ("Committee") to 
choose nominees for the vacant seat in the at-large category on the Board of Governors 
of The University of North Carolina to which the Senate is to elect one member to 
complete the remainder of the unexpired four-year term that began July 1, 1989. 

2. The Committee shall receive suggestions of proposed candidates for nomination 
for election to the University Board of Governors through June 2, 1992. A Senator may 



June 17, 1992 



94 SENATE JOURNAL [Second Session 

propose only one candidate for nomination. In order for a person to have standing to be 
considered as a candidate for nomination by the Committee, a member of the Senate 
must formally propose that person as a candidate for nomination. 

3. On or after June 2, 1992, the Committee shall meet and receive formal proposals 
of candidates for nomination. A Senator may propose a candidate for nomination only 
for the vacant seat in the at-large category. In this 1992 Session of the 1991 General 
Assembly, the Senate shall elect one at-large member to complete the remainder of the 
unexpired four-year term left vacant by a member whose term began July 1, 1989. 

4. After the proposing process is closed, the Committee shall list all proposed candi- 
dates for nomination. The Committee may screen the proposed candidates for nomina- 
tion as to their qualifications and background and may interview each one to determine 
that suitable persons are nominated for the vacant seat. The Committee shall ascertain 
that each candidate for nomination is willing and able to serve and has no statutory 
disability. On completion of the screening process, the Committee shall vote on each 
candidate proposed for nomination. In the instance where two or more candidates are 
proposed for the vacancy, the Committee shall place at least two nominees for the 
vacancy on the ballot. A vote of a majority of those members of the Committee present 
and voting shall constitute one a nominee on the ballot. 

5. The Chair of the Committee shall contact all nominees for election by the Senate 
and ascertain whether they would serve if elected. Any nominee may withdraw his or her 
name without the approval of the Senator who proposed that nominee. 

6. Committee nominees shall be placed before and recommended to the Senate for 
election. 

II. ELECTIONS IN THE SENATE. 

1 . A ballot shall be prepared under the supervision of the Chair of the Committee for 
the use of the Senate. 

2. The ballot shall list only the names of those nominees proposed by the Committee 
who have consented to run and for whom the Senate is entitled to vote. Their names 
shall be arranged alphabetically by surname in the at-large category. 

3. The Senate shall hold its election at the daily session on June 17, 1992. Before the 
voting begins, the President of the Senate shall explain the voting rules, which are: 

(i) No nomination shall be received from the floor. 

(ii) In order to be chosen, a nominee must receive the votes of a majority of all 

members present and voting, 
(iii) Each member present and voting shall vote for one nominee, and any ballot 

not so marked shall be deemed void, 
(iv) If there are more than two nominees and if no nominee receives a majority of 

the votes cast, a runoff shall be conducted between the person receiving the 

highest and the person receiving the second highest number of votes cast. 

4. The Senators shall proceed to mark their ballots for one person to fill the vacant 
seat in the at-large category for the remainder of the unexpired four-year term that 
began on July 1, 1989. Every ballot shall be signed by the Senator casting it, and no 
unsigned ballots shall be counted. 

5. The Chair of the Committee is responsible for canvassing the vote and declaring 
the results. The Principal Clerk shall retain all ballots as part of the permanent records 
of the Senate, and the ballots shall be open for immediate public inspection. 

6. When the Chair of the Committee has determined that the Senate has chosen one 
member of the Board of Governors to fill the vacant seat in the at-large category for the 
remainder of the unexpired four-year term that began on July 1, 1989, the President of 
the Senate shall declare that person to have been elected. 

7. The results of the election in the Senate shall then be sent by Special Messenger to 
the House of Representatives. 

III. NOTIFICATION OF ELECTION RESULTS. 
When the election process is complete, the Chair of the Senate Committee shall notify 
the Secretary of the Board of Governors of The University of North Carolina of the name 



June 17, 1992 



1992] SENATE JOURNAL 95 

of the person elected by the Senate to fill the vacant seat in the at-large category for the 
remainder of the unexpired four-year term that began on July 1, 1989. 
Sec. 2. This resolution is effective upon adoption. 

ELECTION OF MEMBER 

TO THE BOARD OF GOVERNORS 

OF THE UNIVERSITY OF NORTH CAROLINA 

Senator Perdue for the Higher Education Committee submits to the Senate the 
nominee selected by the Higher Education Committee for election to the Board of 
Governors of the University of North Carolina, as follows: 

The COMMITTEE ON HIGHER EDUCATION OF THE SENATE, in 
compliance with the provisions of G.S. 116-6 and G.S. 116-7, nominates the following 
person for election to the Board of Governors of the University of North Carolina to fill 
the vacant seat in the at-large category for the remainder of the unexpired four-year term 
that began July 1, 1989. In the opinion of the Committee, the nominee is legally 
qualified for the position to which he is recommended and has stated that he would serve 
if elected. 

AT-LARGE CATEGORY - UNEXPIRED FOUR-YEAR TERM 
TO EXPIRE JUNE 30, 1993 

Jack P. Jordan 

Pursuant to S.R. 970, a Senate simple resolution to establish the procedure for 
nominating and electing one member to fill the vacancy on the Board of Governors of the 
University of North Carolina, the Chair outlines the procedure for voting. The Chair 
appoints Senator Shaw, Senator Royall, and Senator Conder to assist the Chairman of 
the Higher Education Committee, Senator Perdue, in distributing and canvassing 
the ballots. The Senate proceeds to vote. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S. B. 289, an act to remove the age limit for restoration to membership for a disability 
beneficiary in the Local Governmental Employees' Retirement System and the 
Teachers' and State Employees Retirement System. (Ch. 766) 

S. B. 1081 , an act to validate school mergers and clarify merger laws so as to eliminate 
the need for substantial appropriations for separate central staffs, and so as to clarify a 
1991 special budget provision. (Ch. 767) 

H.B. 1000 (Committee Substitute), an act to establish the North Carolina 
Community Trust for persons with severe chronic disabilities. (Ch. 768) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Speed: 

S.B. 1255, a bill to ratify, approve, confirm, and validate all proceedings taken in 
1991 by the governing board of any unit of local government in connection with the 
extension of the period during which bonds may be issued. 

Referred to Finance Committee. 



June 17, 1992 



96 SENATE JOURNAL [Second Session 

By Senators Marvin and Tally: 

S. B. 1256, a bill to clarify that local governmental entities are eligible to receive grant 
funds for domestic violence centers. 

Referred to State Personnel and State Government Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of, as follows: 

H.B. 1468 (Committee Substitute), a bill making a qualified exception from the 
Public Records Act for the Brunswick County Geographical Information System. 
Referred to Local Government and Regional Affairs Committee. 



REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 1249, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to amend the method of selecting members 
of the North Carolina Sheriffs' Education and Training Standards Commission 
appointed by the North Carolina Sheriffs' Association, with a favorable report. 

S.J.R. 1251, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide that experienced electrical 
supervisors employed in the manufacturing industry may draw internal electrical wiring 
prints and supervise internal electrical wiring work without meeting the licensure 
requirements for engineers and land surveyors, with a favorable report. 

S.J.R. 1253, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to modify the administrative structure of 
the Teachers' and State Employees' Comprehensive Major Medical Plan, with a 
favorable report. 

S.J.R. 1254, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to authorize the North Carolina State 
Board of Dental Examiners to collect a special fee from North Carolina licensed dentists, 
with the resulting funds to be used to pay expenses of newly authorized State-sanctioned 
peer review organizations to operate programs for impaired dentists, with a favorable 
report. 

H.J.R. 1379, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to clarify that special library registration 
deputies need not reside in the county where they register voters, with a favorable report. 

H.J.R. 1434, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the memory of General Benjamin Smith 
on the Bicentennial of the City of Southport, with a favorable report. 

H.J.R. 1574, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of Carson Gregory, 
former member of the General Assembly, with a favorable report. 



June 17, 1992 






1992] SENATE JOURNAL 97 

H.J.R. 1618, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to validate the registration of instruments 
signed in the name of the register of deeds by the register's assistant or deputy and 
initialed by the assistant or deputy, with a favorable report. 

H.J.R. 1619, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to allow certain advertising signs along the 
right-of-way of State highways, with a favorable report. 

H.J.R. 1508, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to amend Chapter 501 of the 1989 
Session Laws regarding a wholly self-liquidating capital project at the University of 
North Carolina at Asheville, with a favorable report. 

H.J.R. 1509, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to amend Chapter 1092 of the 1987 
Session Laws, Regular Session 1988, regarding a wholly self-liquidating project at 
Elizabeth City State University, with a favorable report. 

H.J.R. 1510, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital 
improvements projects on the Centennial Campus of North Carolina State University at 
Raleigh, with a favorable report. 

H.J.R. 1511, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital 
improvements projects of the constituent institutions of the University of North Carolina, 
with a favorable report. 

S.J.R. 1107, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide that computer software is one of 
the classes of property excluded from property taxation, with an unfavorable report as to 
joint resolution, but favorable as to Committee Substitute joint resolution. 

On motion of Senator Winner, the rules are suspended, and the Committee Substitute 
joint resolution, which changes the title to read S.J.R. 1107 (Committee Substitute), a 
joint resolution authorizing the 1991 General Assembly, 1992 Session, to consider a bill 
to be entitled an act to amend the definition of inventories in the Machinery Act to 
include certain computer software, is placed before the Senate for immediate 
consideration. 

On motion of Senator Winner, the Committee Substitute joint resolution is adopted. 

With unanimous consent, the Committee Substitute joint resolution is placed on the 
Calendar for tomorrow, June 18, for further consideration. 

By Senator Murphy for the Human Resources Committee: 

S.B. 1050, a bill to amend the definition of "day care" to exclude drop-in care and to 
require the Department of Human Resources to study how to ensure the health and safety 
of children in drop-in care, with a favorable report, as amended. 

S.B. 1082, a bill to require all domiciliary care facilities to report costs and revenues 
and a uniform chart of accounts, with a favorable report, as amended. 

By Senator Sherron for the State Personnel and State Government 
Committee: 

S.B. 1036, a bill to repeal the decentralization of the classification and salary 
administration functions from the office of State personnel to all State departments with 
more than five hundred permanent full-time employees, with a favorable report. 



June 17, 1992 



98 SENATE JOURNAL [Second Session 

S.B. 1103, a bill to make technical changes to the accounting procedure for the 
Savings Reserve Account, with a favorable report. 

S.B. 1104, a bill to clarify the provisions of the Executive Budget Act and the State 
budget for the 1991-93 fiscal biennium, with a favorable report. 

S.B. 1235, a bill to change the name of the Department of Economic and Community 
Development, to make technical and conforming amendments to various laws, and to 
appropriate funds, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

RECALL FROM ENGROSSING 

S.B. 1158, a bill to permit the State of North Carolina to grant a utility easement to 
Carolina Power and Light Company across Umstead Park and to require the Department 
of Transportation to maintain parking lots in the State parks and recreation areas, as 
amended, ordered engrossed yesterday, June 16. 

Senator Sherron offers a motion that the rules be suspended and the bill, as amended, 
be recalled from the Engrossing Office, which motion prevails. 

The bill is returned by the Engrossing Clerk. 

Senator Sherron offers a motion that the vote by which the bill, as amended, passed its 
third reading be reconsidered, which motion prevails, and the question becomes the 
passage of the bill, as amended, upon third reading. 

Pursuant to Article XIV, Section 5, of the North Carolina Constitution, the Chair 
rules the measure requires a three-fifths majority affirmative vote. 

The bill, as amended, passes its third reading (44-0). 

Receiving a three-fifths majority affirmative vote on second and third readings, the 
bill, as amended, is ordered engrossed and sent to the House of Representatives. 

WITHDRAWALS FROM CALENDAR 

H.B. 192, a bill recommended by the Juvenile Law Study Commission to allow 
termination of parental rights after a parent has left a child in foster care for twelve 
months without making reasonable progress towards correcting the conditions that led to 
foster care, as amended. 

Senator Odom offers a motion that the bill, as amended, be taken from the Calendar 
for today, June 17, and be placed on the Calendar for Thursday, June 25, which motion 
prevails. 

The bill, as amended, is placed on the Calendar for Thursday, June 25. 

S.B. 1159 (Committee Substitute), a bill to repeal the requirement that long-term 
contracts entered into by local governments for the collection and disposal of non- 
hazardous solid waste must be approved by the Department of Environment, Health, and 
Natural Resources and to allow all local governments to enter into such contracts. 

Senator Tally offers a motion that the Committee Substitute bill be taken from the 
Calendar for today, June 17, and be recommitted to the Environment and Natural 
Resources Committee, which motion prevails. 

The Committee Substitute bill is recommitted to the Environment and Natural 
Resources Committee. 

FIRST READING AND REFERRAL 

With unanimous consent, on motion of Senator Tally, the rules are suspended and the 
following bills ordered held in the Office of the Principal Clerk on June 16, 1992, are 
withdrawn from the Office of the Principal Clerk, read the first time, and referred to the 
Environment and Natural Resources Committee: 



June 17, 1992 



1992] SENATE JOURNAL 99 

H.B. 1409 (Committee Substitute), a bill to authorize Moore County to enter into 
long-term contracts for disposal of solid waste. 

H.B. 1376 (Committee Substitute), a bill to authorize Bertie, Chowan, Hertford, and 
Tyrrell Counties to enter into long-term contracts for disposal of solid waste. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S.B. 1176, a bill to establish by a description the boundaries for Jot-Um-Down Fire 
District in Surry County, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 1316, a bill to modify the regulation of the use and discharge of pyrotechnics in 
Nash and Edgecombe Counties, with a favorable Teport. 

H.B. 1406, a bill to divide the Flatwoods Fire District in Harnett County into two fire 
districts— the Flatwoods Rural Fire District and the Bunnlevel Rural Fire Insurance 
District, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 1436, a bill to amend the charter of the City of Raleigh to allow for contracts 
with federal agencies to assist other governments, with a favorable report. 

H.B. 1469, a bill to provide that the limitation on the height of structures under the 
comprehensive zoning ordinance of the Town of Yaupon Beach may be changed only 
with the approval of the voters of that Town, with a favorable report. 

S.B. 1121, a bill to authorize Cabarrus County to acquire land for road rights-of-way 
for connectors between subdivisions and connectors between subdivisions and State- 
maintained roads by dedication and acceptance, purchase, or eminent domain, with a 
favorable report, as amended. 

S.B. 1122, a bill to permit the County of Cabarrus to condemn certain property of 
private condemnors, with a favorable report, as amended. 

S.B. 1162, a bill to exempt Rockingham County from certain recent amendments to 
the recording requirements for plats and subdivisions, with a favorable report, as 
amended. 

S.B. 1177, a bill to establish by a description the boundaries for C.C. Camp Fire 
District in Surry County, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted, and the bill, as amended, is ordered 
engrossed and re-referred to the Finance Committee. 

H.B. 1475 (Committee Substitute), a bill to permit the Counties of Harnett and 
Watauga to rename County public and private roads, with a favorable report, as 
amended. 

ELECTION OF MEMBER 

TO THE BOARD OF GOVERNORS 

OF THE UNIVERSITY OF NORTH CAROLINA 

Pursuant to S.R. 970, a Senate simple resolution to establish the procedure for 
nominating and electing one member to fill the vacancy on the Board of Governors of the 



June 17, 1992 



100 SENATE JOURNAL [Second Session 

University of North Carolina, Senator Perdue, Chairman of the Higher Education 
Committee, announces the result of the election to the Board of Governors of the 
University of North Carolina, as follows: 

AT-LARGE CATEGORY - UNEXPIRED FOUR-YEAR TERM 
TO EXPIRE JUNE 30, 1993 

Jack P. Jordan 

The Chair declares Jack P. Jordan, receiving a majority of the votes cast, duly elected 
to the Board of Governors of the University of North Carolina and orders a special 
message sent to the House of Representatives informing that Honorable Body of such 
action. 

The Chair extends courtesies of the gallery to Jack P. Jordan, newly-elected member 
of the Board of Governors of the University of North Carolina; and to members of his 
family. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 1031 (Committee Substitute), a bill to incorporate Woodlake Village in Moore 
County, subject to a referendum, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, noes 
0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Plexico, Plyler, Pollard, Raynor, Roy all, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 1069, a bill to amend and restate the Charter of the Greenville Utilities 
Commission of the City of Greenville, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 1076, a bill to authorize the City of Albemarle to levy a room occupancy tax, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, and 
Winner — 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 



June 17, 1992 



1992] SENATE JOURNAL 101 

S.B. 974, a bill to allow cities and counties to use property taxes to support public 
transportation without calling a referendum, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Block, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1014, a bill to revise the category of special mobile equipment, to establish a 
uniform registration fee for special mobile equipment, to allow special mobile equipment 
to tow certain vehicles, and to make mobile classrooms and mobile offices subject to 
sales tax rather than highway use tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Block, 
Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, Hartsell, Hunt, 
Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Odom, Parnell, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, 
and Winner — 44. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 969, a bill to exempt from sales and use taxes food that is acquired at wholesale 
and then donated to a nonprofit organization, as amended, with Amendment No. 2 
pending, which proposes to change the title. 

With unanimous consent, Senator Staton withdraws Amendment No. 2, offered 
June 16. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 994, a bill to permit investment of trust assets in mutual funds advised by a 
corporate trustee. 

On motion of Senator Staton, Committee Amendments No. 1 and No. 2 are adopted. 

With unanimous consent, Senator Tally is excused from voting for the stated reason: 
"On Board of Trustees of bank (SNB)." 

The bill, as amended, passes its second (39-7) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1058, a bill to amend the General Statutes relating to shellfish leases. 
On motion of Senator Speed, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (47-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1245, a bill to provide that joint agencies created by interlocal agreement to 
operate public broadcasting television stations are eligible for sales tax refunds provided 
to governmental entities, as amended, upon third reading. 

The bill, as amended, passes its third reading (46-0) and is ordered engrossed and 
sent to the House of Representatives. 



June 17, 1992 



102 SENATE JOURNAL [Second Session 

S.B. 804, a bill to require students enrolled in public kindergarten, first grade or 
second grade who are under the age of seven to attend school, for concurrence in House 
Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (45-0) and the measure is ordered 
enrolled. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
June 16, 1992 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to G.S. 115D-2. 1(b) (4)f, the House of Representatives has elected Mr. 
George Herman Porter to the State Board of Community Colleges to fill the vacant seat 
left by the death of Mr. Dwight Quinn. Mr. Porter's term will expire June 30, 1997. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns at 
2:50 P.M. to meet tomorrow, June 18, at 1:30 P.M. 



ONE HUNDRED FOURTEENTH DAY 

Senate Chamber, 
Thursday, June 18, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"All Knowing God, Your profound truth is often communicated to us in simple one- 
liners. The Holy Scripture describes these communications in terms such as, * . . .out of 
the mouths of babes...' or '...making the wise foolish... ' 

"Mark Twain captured one of Your truths and paraphrased it a little. He said, 
'Always do what's right. It will please some and astonish the rest.' 

"Help us to discern what is right and then to do it! Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, June 17, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



June 18, 1992 



1992] SENATE JOURNAL 103 

S.B. 804, an act to require students enrolled in public kindergarten, first grade or 
second grade who are under the age of seven to attend school. (Ch. 769) 

H.B. 1372, an act to change the pay date for certain employees of the Charlotte/ 
Mecklenburg schools. (Ch. 770) 

With unanimous consent, Senator Pollard offers a motion that the rules be suspended 
to allow "Rocky" Ozment of Jacksonville to approach the Well of the Senate, which 
motion prevails. The Chair directs Senator Pollard to escort Mr. Ozment to the Well 
where Senator Pollard presents Mr. Ozment and informs the Senate that Mr. Ozment 
completed a 117-mile journey via wheelchair from Jacksonville to Raleigh to seek help 
on behalf of handicapped North Carolinians. Mr. Ozment briefly addresses the 
membership which responds with a standing ovation. Senator Pollard escorts Mr. 
Ozment from the Chamber. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Seymour for the Public Utilities Committee: 

S.B. 971, a bill to transfer railroad supervision and railroad safety supervision from 
the North Carolina Utilities Commission to the Department of Transportation and to 
appropriate funds to support the transfer, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Seymour, the rules are suspended, and the Committee 
Substitute bill which changes the title to read S.B. 971 (Committee Substitute) , a bill to 
transfer railroad supervision and railroad safety supervision from the North Carolina 
Utilities Commission to the Department of Transportation and to cease regulation of 
private ferry services which are regulated by the National Park Service, is placed before 
the Senate for immediate consideration. 

On motion of Senator Seymour, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

S.B. 1193, a bill to authorize joint agencies to provide aid and assistance to 
municipalities and joint municipal assistance agencies as recommended by the Joint 
Legislative Utility Review Committee, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Seymour, the rules are suspended, and the Committee 
Substitute bill which changes the title to read S.B. 1193 (Committee Substitute) , a bill to 
authorize joint agencies to provide aid and assistance to municipalities and joint 
municipal assistance agencies as recommended by the Joint Legislative Utility Review 
Committee and to clarify the authority to invest joint agency funds, is placed before the 
Senate for immediate consideration. 

On motion of Senator Seymour, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

S.B. 1202, a bill to clarify the public enterprise law with respect to the adoption and 
enforcement of utility system ordinances, with a favorable report, as amended. 

By Senator Block for the Pensions and Retirement Committee: 

S.B. 1142, a bill to transfer the North Carolina Firemen's and Rescue Squad 
Workers' Pension Fund from the Department of State Auditor to the Department of State 



June 18, 1992 



104 SENATE JOURNAL [Second Session 

Treasurer, and to make the State Treasurer the chairman of the Board of Trustees of the 
Pension Fund, with a favorable report. 

S.B. 1048, a bill to rewrite the law regarding the Charlotte Firefighters' Retirement 
System, with a favorable report, as amended. 

S.B. 1114, a bill to make various changes in the Sheriffs' Supplemental Pension 
Fund, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

By Senator Tally for the Environment and Natural Resources Committee: 

H.B. 1376 (Committee Substitute) , a bill to authorize Bertie, Chowan, Hertford, and 
Tyrrell Counties to enter into long-term contracts for disposal of solid waste, with a 
favorable report. 

H.B. 1409 (Committee Substitute), a bill to authorize Moore County to enter into 
long-term contracts for disposal of solid waste, with a favorable report. 

S.B. 1197, a bill to implement the oxygenated and reformulated gasoline 
requirements of the 1990 amendments to the Federal Clean Air Act, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on her further motion is 
adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, June 22, for further consideration. 

S.B. 1206, a bill to make clarifying, conforming, and technical amendments to 
various laws relating to environment, health, and natural resources, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on her further motion is 
adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, June 22, for further consideration. 

By Senator Ballance for the Alcoholic Beverage Control Committee: 

S.B. 1090, a bill to allow certain cities of under three hundred population to hold ABC 
elections, with a favorable report. 

S.B. 1101, a bill to increase the membership of the Nash County Alcoholic Beverage 
Control Board from three to five members, with a favorable report. 

H.B. 1471, a bill to remove the sunset from the act prohibiting the placement of anew 
ABC store within seven miles of the corporate limits of a municipality in which there is an 
existing ABC store in Brunswick County, with a favorable report. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

H.B. 172, a bill to resume electing the Tax Collector and County Accountant of 
Mitchell County, with an unfavorable report as to bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read H.B. 172 (Senate 



June 18, 1992 



1992] SENATE JOURNAL 105 

Committee Substitute) , a bill to resume electing the Tax Collector of Mitchell County, is 
placed before the Senate for immediate consideration. 

On motion of Senator Lee, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 19, for further consideration. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages and special messages are received from the House of Representatives, 
transmitting the following bills and resolutions , which are read the first time and disposed 
of, as follows: 

H.B. 1337, a bill to amend the motor vehicle laws concerning cotton-hauling 
vehicles. 

Referred to Transportation Committee. 

H.B. 1391, a bill to create a special emphasis program to target OSHA inspections. 
Referred to Judiciary II Committee. 

H.B. 1392 (Committee Substitute), a bill to require employers to report at least 
annually on fatalities and serious injuries in the workplace, to require the reporting of 
certain safety data to the Commissioner of Labor by various agencies, and to ensure, 
where appropriate, the confidentiality of data released to the Commissioner. 

Referred to Judiciary II Committee. 

H.B. 1393, a bill to clarify the enforcement of the building code by a municipality in 
its extraterritorial jurisdiction and to provide for appointments to the Building Code 
Council. 

Referred to Manufacturing and Labor Committee. 

H.B. 1395, a bill to establish an inter-agency task force to study the reorganization of 
State agencies involved with occupational safety and health and fire safety 
responsibilities and to report to the LRC Committee on Fire and Occupational Safety at 
Industrial and Commercial Facilities by October 1, 1992. 

Referred to Manufacturing and Labor Committee. 

H.B. 1417 (Committee Substitute), a bill to extend the corporate limits of the Village 
of Pinehurst. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 1442, a bill to extend the limits of the Fleetwood and the Lansing Fire Protection 
Districts in Ashe County. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 1444, a bill to permit public transportation authorities and regional public 
transportation authorities to receive annual sales tax refunds. 
Referred to Finance Committee. 

H.B. 1455 (Committee Substitute), a bill to require real estate appraisers to obtain 
privilege licenses. 

Referred to Finance Committee. 

H.B. 1479, a bill to exempt Martin County from certain zoning notice requirements. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1485, a bill relating to the furnishing of bonds of officials of Currituck County. 
Referred to Local Government and Regional Affairs Committee. 



June 18, 1992 



106 SENATE JOURNAL [Second Session 

H. B. 1486, a bill to prohibit hunting on or across State Road 1205 in Camden County. 
Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 1490, a bill to create a new offense of third-degree trespass in Iredell County. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1491, a bill to increase the fine for violation of any regulation of the Lake 
Norman Marine Commission. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1493, a bill to allow Stanly County to acquire property for use by the Stanly 
County Schools and the Albemarle City Schools and to authorize boards of education in 
Stanly County to convey property to the County in connection with improvements and 
repair of the property. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1494, a bill to permit the County of Stanly to rename County public and private 
roads. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1556, a bill to rewrite the law revising and consolidating the Charter of the City 
of Lenoir as it relates to the City of Lenoir's Firemen's Supplemental Retirement Fund. 
Referred to Pensions and Retirement Committee. 

H.B. 1649, a bill to provide a procedure for an unaffiliated candidate for President 
who has qualified for ballot access to name candidates for elector and for 
Vice-President. 

Referred to Election Laws Committee. 

H.J.R. 1652, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the founders of Saint Augustine's College 
and urging the Governor to issue a proclamation recognizing the College's One Hundred 
and Twenty-fifth Anniversary. 

On motion of Senator Johnson, the rules are suspended, without objection, and the 
joint resolution is placed before the Senate for immediate consideration. 

The joint resolution passes its second (44-0) and third readings and is ordered 
enrolled. 

H.B. 1334, a bill to amend the title and scope of the Agriculture, Forestry, and 
Seafood Awareness Study Commission by deleting Seafood from the Commission's title 
and area of study. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 1464, a bill to provide that Duplin, Hertford, and Martin Counties are 
authorized to construct gas lines. 

Referred to Public Utilities Committee. 

H.B. 1512, a bill to provide for a uniform mandatory retirement age of seventy-two 
for all judges and justices of the General Court of Justice. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Pensions and Retirement Committee and upon a favorable report, re-referred to 
the Appropriations Committee. 

WITHDRAWAL FROM COMMITTEE 

S.B. 1167, a bill to control costs in the prescription drug coverage part of the 
Teachers' and State Employees' Comprehensive Major Medical Plan, referred to State 
Personnel and State Government Committee on June 3, 1992. 

Senator Sherron offers a motion that the rules be suspended and the bill be taken from 
the State Personnel and State Government Committee and re-referred to the 
Finance Committee, which motion prevails. 



June 18, 1992 



1992] SENATE JOURNAL 107 

The Chair orders the bill re-referred to the Finance Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 1121, a bill to authorize Cabarrus County to acquire land for road rights-of-way 
for connectors between subdivisions and connectors between subdivisions and State- 
maintained roads by dedication and acceptance, purchase, or eminent domain, upon 
second reading. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 46, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Roy all, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 19, for 
further consideration upon third reading. 

S.B. 1122, a bill to permit the County of Cabarrus to condemn certain property of 
private condemnors, upon second reading. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Royall, Sands, Seymour, 
Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner — 43. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 19, for 
further consideration upon third reading. 

S.B. 1162, a bill to exempt Rockingham County from certain recent amendments to 
the recording requirements for plats and subdivisions. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted. 

On motion of Senator Sands, further consideration of the bill, as amended, is 
postponed until tomorrow, June 19. 

H. B. 1316, a bill to modify the regulation of the use and discharge of pyrotechnics in 
Nash and Edgecombe Counties. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1436, a bill to amend the charter of the City of Raleigh to allow for contracts 
with federal agencies to assist other governments. 

On motion of Senator Johnson, consideration of the bill is postponed until Monday, 
June 22. 

H.B. 1469, a bill to provide that the limitation on the height of structures under the 
comprehensive zoning ordinance of the Town of Yaupon Beach may be changed only 
with the approval of the voters of that Town. 

The bill passes its second and third readings and is ordered enrolled. 



June 18, 1992 



108 SENATE JOURNAL [Second Session 

COMMITTEE APPOINTMENT 

Senator Barnes, President Pro Tempore, appoints Senator I.T. Kaplan and Senator 
Kenneth C. Royall, Jr., to the Appropriations Committee on Natural and 
Economic Resources. 

WITHDRAWAL FROM COMMITTEE 

S.B. 1233, a bill to further amend Chapter 745 of the 1989 Session Laws to increase 
the authorized project cost of a wholly self-liquidating project involving a lease between 
the University of North Carolina at Chapel Hill and the United States Environmental 
Protection Agency, referred to Appropriations Committee on June 8, 1992. 

Senator Basnight offers a motion that the rules be suspended and the bill be taken from 
the Appropriations Committee and re-referred to the Finance Committee, 
which motion prevails. 

The Chair orders the bill re-referred to the Finance Committee. 

Without objection on motion of Senator Barnes, the Senate recesses at 2: 15 P.M. to 
reconvene at 3:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 

CALENDAR (Continued) 

S.B. 1036, a bill to repeal the decentralization of the classification and salary 
administration functions from the office of State personnel to all State departments with 
more than five hundred permanent full-time employees. 

The bill passes its second (45-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1050, a bill to amend the definition of "day care" to exclude drop-in care and to 
require the Department of Human Resources to study how to ensure the health and safety 
of children in drop-in care. 

On motion of Senator Murphy, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1082, a bill to require all domiciliary care facilities to report costs and revenues 
and a uniform chart of accounts. 

On motion of Senator Murphy, Committee Amendment No. 1 is adopted, changing 
the title to read S.B. 1082, a bill to require all domiciliary care facilities to report costs 
and revenues and to use a uniform chart of accounts. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1103, a bill to make technical changes to the accounting procedure for the 
Savings Reserve Account. 

Senator Basnight offers Amendment No. 1 which is adopted (44-0). 

The bill, as amended, passes its second (41-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



June 18, 1992 



1992] SENATE JOURNAL 109 

S.B. 1104, a bill to clarify the provisions of the Executive Budget Act and the State 
budget for the 1991-93 fiscal biennium. 

On motion of Senator Basnight, the bill is re-referred to the Appropriations 
Committee. 

S.J.R. 1107 (Committee Substitute), a joint resolution authorizing the 1991 General 
Assembly, 1992 Session, to consider a bill to be entitled an act to amend the definition of 
inventories in the Machinery Act to include certain computer software. 

The Committee Substitute joint resolution passes its second (45-1) and third readings 
and is ordered sent to the House of Representatives. 

S.J.R. 1249, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to amend the method of selecting members 
of the North Carolina Sheriffs' Education and Training Standards Commission 
appointed by the North Carolina Sheriffs' Association. 

The joint resolution passes its second (45-1) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 1251, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide that experienced electrical 
supervisors employed in the manufacturing industry may draw internal electrical wiring 
prints and supervise internal electrical wiring work without meeting the licensure require- 
ments for engineers and land surveyors. 

The joint resolution passes its second (45-1) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 1253, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to modify the administrative structure of 
the Teachers' and State Employees' Comprehensive Major Medical Plan. 

The joint resolution passes its second (45-1) and third readings and is ordered sent to 
the House of Representatives. 

S.J.R. 1254, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to authorize the North Carolina State 
Board of Dental Examiners to collect a special fee from North Carolina licensed dentists, 
with the resulting funds to be used to pay expenses of newly authorized State-sanctioned 
peer review organizations to operate programs for impaired dentists. 

The joint resolution passes its second (45-1) and third readings and is ordered sent to 
the House of Representatives. 

H.J.R. 1379, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to clarify that special library registration 
deputies need not reside in the county where they register voters. 

The joint resolution passes its second (45-1) and third readings and is ordered 
enrolled. 

H.J.R. 1434, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the memory of General Benjamin Smith 
on the Bicentennial of the City of Southport. 

The joint resolution passes its second (45-1) and third readings and is ordered 
enrolled. 

H.B. 1475 (Committee Substitute), a bill to permit the Counties of Harnett and 
Watauga to rename County public and private roads. 

The Chair orders, without objection, the Committee Substitute bill temporarily 
displaced. 

H.J.R. 1508, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to amend Chapter 501 of the 1989 



June 18, 1992 



110 SENATE JOURNAL [Second Session 

Session Laws regarding a wholly self-liquidating capital project at the University of 
North Carolina at Asheville. 

The joint resolution passes its second (45-1) and third readings and is ordered 
enrolled. 

H.J.R. 1509, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to amend Chapter 1092 of the 1987 
Session Laws, Regular Session 1988, regarding a wholly self-liquidating project at 
Elizabeth City State University. 

The joint resolution passes its second (45-1) and third readings and is ordered 
enrolled. 

H.J.R. 1510, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital 
improvements projects on the Centennial Campus of North Carolina State University at 
Raleigh. 

The joint resolution passes its second (45-1) and third readings and is ordered 
enrolled. 

H.J.R. 1511, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital improve- 
ments projects of the constituent institutions of the University of North Carolina. 

The joint resolution passes its second (45-1) and third readings and is ordered 
enrolled. 

H.J.R. 1574, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of Carson Gregory, 
former member of the General Assembly. 

The joint resolution passes its second (45-1) and third readings and is ordered 
enrolled. 

H.J.R. 1618, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to validate the registration of instruments 
signed in the name of the register of deeds by the register's assistant or deputy and ini- 
tialed by the assistant or deputy. 

The joint resolution passes its second (45-1) and third readings and is ordered 
enrolled. 

H.J.R. 1619, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to allow certain advertising signs along the 
right-of-way of State highways. 

The joint resolution passes its second (45-1) and third readings and is ordered 
enrolled. 

H.B. 1475 (Committee Substitute), a bill to permit the Counties of Harnett and 
Watauga to rename County public and private roads, temporarily displaced earlier. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted. 

Senator Lee offers Amendment No. 2 which is adopted (44-0). 

The Committee Substitute bill, as amended, passes its second (43-0) and third 
readings and is ordered sent to the House of Representatives, for concurrence in Senate 
Amendments No. 1 and No. 2. 

Without objection on motion of Senator Barnes, the Senate recess at 3:40 P.M. for the 
purpose of committee meetings to reconvene at 4:15 P.M. 



June 18, 1992 



1992] SENATE JOURNAL 111 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills, which are read the first time and disposed of, as follows: 

H.B. 1388 (Committee Substitute), a bill to require certain employers to establish 
safety and health programs and safety and health committees in the workplace. 
Referred to Judiciary II Committee. 

H.B. 1424, a bill to increase the supplemental retirement benefits for the firefighters 
of the City of Shelby. 

Referred to Pensions and Retirement Committee. 

H.B. 1425, a bill to rewrite the law regarding the Lumberton Firemen's Supplemental 
Fund. 

Referred to Pensions and Retirement Committee. 

H.B. 1474, a bill to prohibit hunting from public roads in Davidson County. 
Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 1488, a bill to modify the littering law in Hertford County. 
Referred to Judiciary I Committee. 

H.B. 1524, a bill to rewrite the law establishing the Supplementary Pension Fund for 
Firemen in the City of Sanford. 

Referred to Pensions and Retirement Committee. 

H.B. 1535, a bill to authorize the City of Conover to take into consideration 
prospective revenues generated by the development in arriving at the amount of 
consideration for an economic development conveyance. 

Referred to Economic Development Committee. 

H.B. 1548, a bill to make a technical correction in the place of filing of notices for 
candidacy for school board in Cumberland County. 
Referred to Election Laws Committee. 

H.B. 1575, a bill to modify Chapter 546 of the 1987 Session Laws to remove the 
municipalities of Apex and Fuquay-Varina from the South Wake Airport Authority. 
Referred to Local Government and Regional Affairs Committee. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Hunt for the Election Laws Committee: 

S. B. 968, a bill to set a referendum on possible changes in the electoral system for the 
Town of Oriental, with a favorable report. 

S.B. 1181, a bill to alter the manner of election of the Craven County Board of 
Commissioners, with a favorable report. 



June 18, 1992 



112 SENATE JOURNAL [Second Session 

H.B. 1405 (Committee Substitute), a bill to provide for the nonpartisan election of 
the Carteret County Board of Education, subject to a referendum, with a favorable 
report. 

By Senator Seymour for the Public Utilities Committee: 

H.B. 1467, a bill to allow the Town of Caswell Beach to make special assessments for 
undergrounding of utilities, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

By Senator Goldston for the Transportation Committee: 

S.B. 1063, a bill to amend the motor vehicle laws concerning cotton-hauling 
vehicles, with a favorable report. 

S.B. 1112, a bill to fund traffic control at major events from the current operations- 
Highway Fund for State Maintenance, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 1218, a bill to amend the North Carolina Air Cargo Airport Authority Act and to 
appropriate funds to the Air Cargo Airport Authority, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Goldston, the rules are suspended, and the Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Daniel for the Finance Committee: 

S.B. 1072, a bill to set the Rural Electrification Authority regulatory fee for the 
1992-93 fiscal year and to require the General Assembly to enact legislation setting the 
fee in future fiscal years only if the fee is to be higher than the fee set for the 1992-93 
fiscal year, with a favorable report. 

S.B. 1134, a bill to establish the corporate limits of the Town of Benson, with a 
favorable report. 

S.B. 1150, a bill to allow Union County to create Fire Protection Districts in which fire 
protection is funded by fees rather than taxes, with a favorable report. 

S.B. 1153, a bill to amend Chapter 501 of the 1989 Session Laws regarding a wholly 
self-liquidating capital project at the University of North Carolina at Asheville, with a 
favorable report. 

S.B. 1155, a bill to amend Chapter 1092 of the 1987 Session Laws, Regular Session 
1988, regarding a wholly self-liquidating project at Elizabeth City State University, with 
a favorable report. 

S.B. 1200, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects on the 
Centennial Campus of North Carolina State University at Raleigh, with a favorable 
report. 

S.B. 1248, a bill to provide that a taxpayer who owes less than $500.00 of individual 
income tax above the amount withheld from wages is not subject to a penalty for under- 
payment of estimated taxes, thus conforming the State's penalty threshold to the federal 
penalty threshold, with a favorable report. 



June 18, 1992 



1992] SENATE JOURNAL 113 

S.B. 976, a bill to provide that owners of certain historic motor vehicles and 
handicapped individuals who had obtained permanent special license plates before 
October 1, 1991, are not required to pay annual motor vehicle registration fees, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 976 (Committee Substitute), a bill to provide 
that owners of certain historic motor vehicles who had obtained permanent special 
license plates before October 1, 1991, are not required to pay annual motor vehicle 
registration fees, is placed before the Senate for immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, June 19, for further consideration. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns at 
4:40 P.M. to meet tomorrow, June 19, at 2:00 P.M. 



ONE HUNDRED FIFTEENTH DAY 

Senate Chamber, 
Friday, June 19, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Oh God, You have answered our petitions this week for community, discernment of 
what is right, for clarity of mind and action. Will You encourage us today with Your gift 
of humor; the ability to laugh at ourselves and with our neighbors? Even in the midst of 
the serious deliberations going on here, there may be no better negotiating tool that You 
give us than a sense of humor, Oh Lord. Thank You for hearing our prayer. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, June 18, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Marvin, who is attending her daughter's wedding; and to Senator Walker. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1316, an act to modify the regulation of the use and discharge of pyrotechnics in 
Nash and Edgecombe Counties. (Ch. 771) 

H. B. 1469, an act to provide that the limitation on the height of structures under the 
comprehensive zoning ordinance of the Town of Yaupon Beach may be changed only 
with the approval of the voters of that Town. (Ch. 772) 

H.J.R. 1379, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to clarify that special library registration 
deputies need not reside in the county where they register voters. (Res. 37) 



June 19, 1992 



114 SENATE JOURNAL [Second Session 

H.J.R. 1434, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the memory of General Benjamin Smith 
on the Bicentennial of the City of Southport. (Res. 38) 

H.J.R. 1508, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to amend Chapter 501 of the 1989 
Session Laws regarding a wholly self-liquidating capital project at the University of 
North Carolina at Asheville. (Res. 39) 

H.J.R. 1509, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to amend Chapter 1092 of the 1987 
Session Laws, Regular Session 1988, regarding a wholly self-liquidating project at 
Elizabeth City State University. (Res. 40) 

H.J.R. 1510, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital improve- 
ments projects on the Centennial Campus of North Carolina State University at Raleigh. 
(Res. 41) 

H.J.R. 1511, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital improve- 
ments projects of the constituent institutions of the University of North Carolina. 
(Res. 42) 

H.J.R. 1574, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of Carson Gregory, 
former member of the General Assembly. (Res. 43) 

H.J.R. 1618, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to validate the registration of instruments 
signed in the name of the register of deeds by the register's assistant or deputy and 
initialed by the assistant or deputy. (Res. 44) 

H.J.R. 1619, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to allow certain advertising signs along the 
right-of-way of State highways. (Res. 45) 

H.J.R. 1652, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the founders of Saint Augustine's College 
and urging the Governor to issue a proclamation recognizing the College's One Hundred 
and Twenty-fifth Anniversary. (Res. 46) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Goldston for the Transportation Committee: 

S. B. 1223, a bill to allow the Division to issue restricted commercial driver licenses to 
seasonal drivers for certain farm-related service industries, and to clarify the laws 
governing the issuance of limited driving privileges, and to make amendments and 
technical corrections to the motor vehicles laws, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Goldston, the rules are suspended, and the Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 



June 19, 1992 



1992] SENATE JOURNAL 115 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

S.B. 1229, a bill to authorize the Division of Motor Vehicles to issue a registration 
plate depicting the Cape Hatteras Lighthouse and providing for the distribution of the 
income from the sale of the plate, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Goldston, the rules are suspended, and the Committee 
Substitute bill, which changes the title to read S.B. 1229 (Committee Substitute) , a bill 
to authorize the Division of Motor Vehicles to issue registration plates depicting various 
historical attractions in North Carolina and providing for the distribution of the income 
from the sale of the plates, is placed before the Senate for immediate consideration. 

On motion of Senator Goldston, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Perdue for the Higher Education Committee: 

S.B. 1028, a bill to require the Board of Governors of the University of North 
Carolina, the State Board of Community Colleges, the State Board of Education, and the 
State's private institutions of higher education to cooperate in an exchange of 
information, with a favorable report, as amended. 

S.B. 1026, a bill to increase the number of members of the Board of Trustees of the 
School of Science and Math to conform to the number of congressional districts which 
resulted from the 1990 census, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Perdue, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 1026 (Committee Substitute) , a bill to increase 
the number of members of the Board of Trustees of the School of Science and Math to 
conform to the number of congressional districts which resulted from the 1990 census; to 
make administrative changes pertaining to the North Carolina Center for Nursing; and to 
provide for staggering the terms of members of the Nursing Scholars Commission, is 
placed before the Senate for immediate consideration. 

On motion of Senator Perdue, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, June 20, for further consideration. 

By Senator Sands for the Judiciary II Committee: 

S.B. 1032, a bill to prohibit discrimination against any person for engaging in any 
lawful activity during nonworking hours unrelated to employment, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 1032 (Committee Substitute) , a bill to prohibit 
discrimination against any employee for engaging in the lawful use of any lawful product 
during nonworking hours unrelated to employment, is placed before the Senate for 
immediate consideration. 

On motion of Senator Sands, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, June 20, for further consideration. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special Messages are received from the House of Representatives, transmitting the 
following bills and joint resolutions, which are read the first time and disposed of, as 
follows: 



June 19, 1992 



116 SENATE JOURNAL [Second Session 

H.B. 1321 (Committee Substitute) , a bill to make technical and clarifying changes to 
the revenue laws and related statutes. 
Referred to Finance Committee. 

H.B. 1323 (Committee Substitute) , a bill to replace the authority of counties to retain 
their costs in collecting the State ' s share of the deed stamp tax with the authority to retain 
a fixed percentage of the revenue from that tax. 

Referred to Finance Committee. 

H.B. 1346 (Committee Substitute), a bill to annex a described area to the Town of 
Elizabethtown, and conditionally forbid its annexation prior to the effective date of the 
legislative annexation. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 1466, a bill to authorize Hyde County to assess benefited property in advance of 
improvements to subdivision and residential streets. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 1583 , a bill to clarify the authority of the Department of Administration to adopt 
rules to implement the North Carolina Environmental Policy Act of 1971 and of State 
agencies to adopt rules establishing minimum criteria. 

Referred to Environment and Natural Resources Committee. 

H.B. 1593, a bill to clarify the authority of the Commission for Health Services to 
adopt rules limiting the number of service connections to a public water system based on 
the quantity of water available to the system. 

Referred to Environment and Natural Resources Committee. 

H. B. 1411, a bill to remove the City of Kinston's local modifications to G.S. 
58-84-30 and G.S. 58-84-35. 

Referred to Pensions and Retirement Committee. 

H.B. 1545 (Committee Substitute), a bill to consolidate the regulation of wastewater 
collection, treatment, and disposal systems designed to discharge below the ground 
surface. 

Referred to Environment and Natural Resources Committee. 

H.B. 1573, a bill to incorporate the Town of Boardman in Columbus County, subject 
to a referendum. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.J.R. 1648, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide that the Veterans' Affairs 
Commission shall issue rules for the awarding of the North Carolina Services Medal to 
veterans who have served in any war. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 1651, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of Algernon 
Augustus Zollicoffer, Jr., distinguished citizen of North Carolina and former State 
Representative. 

Referred to Rules and Operation of the Senate Committee. 



June 19, 1992 



1992] SENATE JOURNAL 117 

WITHDRAWALS FROM CALENDAR 

H. B. 172 (Senate Committee Substitute) , a bill to resume electing the Tax Collector 
of Mitchell County. 

Senator Lee offers a motion that the Senate Committee Substitute bill be taken from 
the Calendar for today, June 19, and be placed on the Calendar for Tuesday, June 23, 
which motion prevails 

The Senate Committee Substitute bill is placed on the Calendar for Tuesday, June 23. 

S.B. 1162, a bill to exempt Rockingham County from certain recent amendments to 
the recording requirements for plats and subdivisions. 

Senator Sands offers a motion that the bill be taken from the Calendar for today, June 
19, and be placed on the Calendar for Tuesday, June 23, which motion prevails 

The bill is placed on the Calendar for Tuesday, June 23. 

PROCLAMATION FROM THE GOVERNOR 

The Chair directs the Reading Clerk to read a Proclamation from the Governor which, 
with unanimous consent, on motion of Senator Smith, is spread upon the Journal as 
follows: 



STATE OF NORTH CAROLINA 



JAMES G. MARTIN 
GOVERNOR 



HENSON BARNES APPRECIATION DAY 

JUNE 25, 1992 

BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA 

A PROCLAMATION 

There are certain people who, through their dedicated and continuous service to 
others, quietly distinguish themselves as outstanding leaders and citizens. Henson P. 
Barnes is one of those people. 

Barnes served honorably in the United States Army as a paratrooper, receiving 
citations and letters of commendation. He was elected to the N.C. House of Represen- 
tative in 1975 and to the N.C. Senate in 1977. He is currently in his eighth term and also 
is serving as the President Pro Tempore of the Senate. 

A graduate of the University of North Carolina at Chapel Hill School of Law, Barnes is 
also a partner in the law firm of Barnes, Braswell, Haithcock and Warren, P. A. His 
community activities include service as legal advisor to the Goldsboro Rescue Squad and 
involvement with the Masonic Order. In 1990, he received the Legislator of the Year 
Award for service and commitment to education, and in 1987, President Reagan 
presented him with the National Environmental Award. 

Because of his contributions to the State, his dedication to public service, and his 
commitment to community services, it is certainly fitting that Henson Barnes should be 
honored by his friends and colleagues. 

NOW, THEREFORE, I, JAMES G. MARTIN, Governor of the State of North 
Carolina, do hereby proclaim June 25, 1992, as "Henson Barnes Appreciation Day" in 
North Carolina, and urge our citizens to commend its observance. 

(SEAL) S/James G. Martin 

Governor 



June 19, 1992 



118 SENATE JOURNAL [Second Session 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of 
the State of North Carolina at the Capitol in Raleigh this eighteenth day of June in the 
year of our Lord nineteen hundred and ninety-two, and of the Independence of the 
United States of America the two hundred and fifteenth. 

With unanimous consent, the Chair requests that Senator Barnes, President Pro 
Tempore, approach the Well of the Senate, along with his daughter, Amy Allen Barnes, 
where he briefly addresses the membership. The Senate responds with a standing 
ovation. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 1121, a bill to authorize Cabarrus County to acquire land for road rights-of-way 
for connectors between subdivisions and connectors between subdivisions and State- 
maintained roads by dedication and acceptance, purchase, or eminent domain, as 
amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Odom, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Ward, Warren, and 
Winner— 43. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 1122, a bill to permit the County of Cabarrus to condemn certain property of 
private condemnors, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 41, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Basnight, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of Guilford, 
Odom, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Ward, Warren, and Winner — 41. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 1134, a bill to establish the corporate limits of the Town of Benson, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Basnight, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of Guilford, 
Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Ward, Warren, and Winner— 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 20, for further 
consideration upon third reading. 

S.B. 1150, a bill to allow Union County to create Fire Protection Districts in which fire 
protection is funded by fees rather than taxes, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 



June 19, 1992 



1992] SENATE JOURNAL 119 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, Royall, 
Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Ward, Warren, and 
Winner— 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 20, for further consider- 
ation upon third reading. 

S. B. 968, a bill to set a referendum on possible changes in the electoral system for the 
Town of Oriental. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1048, a bill to rewrite the law regarding the Charlotte Firefighters' Retirement 
System. 

On motion of Senator Block, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 1090, a bill to allow certain cities of under three hundred population to hold ABC 
elections. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1101 , a bill to increase the membership of the Nash County Alcoholic Beverage 
Control Board from three to five members. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1181, a bill to alter the manner of election of the Craven County Board of 
Commissioners. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 1405 (Committee Substitute), a bill to provide for the nonpartisan election of 
the Carteret County Board of Education, subject to a referendum. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 1471, a bill to remove the sunset from the act prohibiting the placement of anew 
ABC store within seven miles of the corporate limits of a municipality in which there is an 
existing ABC store in Brunswick County. 

The bill passes its second and third readings and is ordered enrolled. 



REPORT OF COMMITTEE 

A standing committee report is submitted out of its regular order of business, the bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Conder for the Education Committee: 

S.B. 1023, a bill to change the maintenance of effort provision for the public schools 
of Robeson County, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 



June 19, 1992 



120 SENATE JOURNAL [Second Session 

CALENDAR (Continued) 

S.B. 1072, a bill to set the Rural Electrification Authority regulatory fee for the 
1992-93 fiscal year and to require the General Assembly to enact legislation setting the 
fee in future fiscal years only if the fee is to be higher than the fee set for the 1992-93 
fiscal year, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Kaplan, Lee, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, 
Plexico, Plyler, Pollard, Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, 
Tally, Ward, Warren, and Winner— 38. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 20, for further 
consideration upon third reading. 

S.B. 1153, a bill to amend Chapter 501 of the 1989 Session Laws regarding a wholly 
self-liquidating capital project at the University of North Carolina at Asheville, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Royall, Sands, Seymour, 
Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Ward, Warren, and Winner — 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 20, for further 
consideration upon third reading. 

S.B. 1155, a bill to amend Chapter 1092 of the 1987 Session Laws, Regular Session 
1988, regarding a wholly self-liquidating project at Elizabeth City State University, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Royall, Sands, Seymour, 
Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Ward, Warren, and Winner— 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 20, for further 
consideration upon third reading. 

S.B. 1200, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects on the 
Centennial Campus of North Carolina State University at Raleigh, upon second reading. 

Without objection, on motion of Senator Kaplan, the bill is temporarily displaced. 

S.B. 976 (Committee Substitute), a bill to provide that owners of certain historic 
motor vehicles who had obtained permanent special license plates before October 1, 
1991, are not required to pay annual motor vehicle registration fees. 

The Committee Substitute bill passes its second (41-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 1200, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects on the 
Centennial Campus of North Carolina State University at Raleigh, temporarily displaced 
earlier, upon second reading. 

Senator Kaplan offers Amendment No. 1 which is adopted (41-0). 



June 19, 1992 



1992] SENATE JOURNAL 121 

The bill, as amended, passes its second reading by roll-call vote, ayes 41 , noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of Guilford, 
Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Royall, Sands, Seymour, Shaw, 
Sherron, Smith, Soles, Speed, Staton, Tally, Ward, Warren, and Winner— 41. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 20, for 
further consideration upon third reading. 

S.B. 1063, a bill to amend the motor vehicle laws concerning cotton-hauling 
vehicles. 

The bill passes its second (43-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1142, a bill to transfer the North Carolina Firemen's and Rescue Squad 
Workers' Pension Fund from the Department of State Auditor to the Department of State 
Treasurer, and to make the State Treasurer the chairman of the Board of Trustees of the 
Pension Fund. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1202, a bill to clarify the public enterprise law with respect to the adoption and 
enforcement of utility system ordinances. 

On motion of Senator Seymour, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (42-0). 

Senator Bryan objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for Monday, June 22, for further consideration upon 
third reading. 

S.B. 1248, a bill to provide that a taxpayer who owes less than $500.00 of individual 
income tax above the amount withheld from wages is not subject to a penalty for 
underpayment of estimated taxes, thus conforming the State's penalty threshold to the 
federal penalty threshold. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 1376 (Committee Substitute) , a bill to authorize Bertie, Chowan, Hertford, and 
Tyrrell Counties to enter into long-term contracts for disposal of solid waste. 

The Committee Substitute bill passes its second (42-0) and third readings and is 
ordered enrolled. 

H.B. 1409 (Committee Substitute), a bill to authorize Moore County to enter into 
long-term contracts for disposal of solid waste. 

The Committee Substitute bill passes its second (41-0) and third readings and is 
ordered enrolled. 

Without objection, on motion of Senator Barnes, the Senate recesses at 3:05 P.M. to 
reconvene at 4:00 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 



June 19, 1992 



122 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Basnight for the Appropriations Committee: 

H.B. 1340 (Committee Substitute), a bill to modify the Appropriations and Budget 
Revenue Act of 1991 , As Amended, and to make other changes in the budget operation 
of the State, with an unfavorable report as to Committee Substitute bill, but favorable as 
to Senate Committee Substitute bill, along with the Senate Proposals for Modifying the 
Appropriations and Budget Revenue Act of 1991. (See Addendum) 

With unanimous consent, on motion of Senator Barnes, Rule 10(b) and Rule 42.4 are 
suspended relative to the measure. 

On motion of Senator Basnight, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

With unanimous consent, on motion of Senator Barnes, Rule 42, relative to referral of 
the measure to the Finance Committee, is suspended. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 20, for further consideration. 

By Senator Block for the Pensions and Retirement Committee: 

H.B. 1524, a bill to rewrite the law establishing the Supplementary Pension Fund for 
Firemen in the City of Sanford, with a favorable report. 

S.B. 1178, a bill to make changes in the Teachers' and State Employees' Retirement 
System for some members of that System, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Block, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B.I 178 (Committee Substitute) , a bill to increase 
the retirement allowances in the Local Governmental Retirement System, the Teachers' 
and State Employees' Retirement System, the Consolidated Judicial Retirement System, 
and the Legislative Retirement System, and to adjust the employer contribution rate, is 
placed before the Senate for immediate consideration. 

On motion of Senator Block, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Daniel for the Finance Committee: 

S.B. 993, a bill to make amendments to the Refund Anticipation Loan Act, with a 
favorable report. 

S.B. 1233, a bill to further amend Chapter 745 of the 1989 Session Laws to increase 
the authorized project cost of a wholly self-liquidating project involving a lease between 
the University of North Carolina at Chapel Hill and the United States Environmental 
Protection Agency, with a favorable report, as amended. 

S.B. 1011, a bill making technical and other changes to the fuel tax laws, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, June 20, for further consideration. 



June 19, 1992 



1992] SENATE JOURNAL 123 

S. B. 1016, a bill to convert the security dealer privilege license tax from a tax based on 
the number of offices from which securities are sold to a tax on each individual who sells 
securities, thereby treating sellers of securities the same as other professionals, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, June 20, for further consideration. 

S.B. 1154, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of the 
constituent institutions of the University of North Carolina, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, June 20, for further consideration. 

H. B. 945 (Committee Substitute) , a bill to adjust fees in the General Court of Justice 
and the facilities fee, to allow the prorating of water fees, to authorize the Department of 
Human Resources, Division of Facility Services, to charge fees for various facilities 
seeking licensure or certification, to authorize the Department of Correction to charge a 
fee for drug testing as a condition of probation or parole, to establish a fee schedule for 
the standards laboratory, and to establish the percentage rate for the insurance regula- 
tory charge, with an unfavorable report as to Committee Substitute bill, but favorable as 
to Senate Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title, upon concurrence, to read H.B. 945 (Senate 
Committee Substitute) , a bill to adjust fees in the General Court of Justice and the facili- 
ties fee, to allow the prorating of water fees, and to establish the percentage rate for the 
insurance regulatory charge and the public utility regulatory fee, is placed before the 
Senate for immediate consideration. 

On motion of Senator Daniel, the Senate Committee Substitute bill is adopted. 

On motion of Senator Daniel, without objection, the Senate Committee Substitute bill 
is placed on the Calendar for tomorrow, June 20, immediately preceding H.B. 1340 
(Senate Committee Substitute) , a bill to modify the Appropriations and Budget Revenue 
Act of 1991, As Amended, and to make other changes in the budget operation of the 
State, for further consideration upon second reading. 

WITHDRAWAL FROM CALENDAR 

S.B. 1233, a bill to further amend Chapter 745 of the 1989 Session Laws to increase 
the authorized project cost of a wholly self-liquidating project involving a lease between 
the University of North Carolina at Chapel Hill and the United States Environmental 
Protection Agency, placed on the Calendar for tomorrow, June 20, earlier today. 

Senator Daniel offers a motion that the bill be taken from the Calendar for tomorrow, 
June 20, and be placed before the Senate for immediate consideration, which motion 
prevails. 

The bill is placed before the Senate and the question becomes the passage of the 
measure upon second reading. 

On motion of Senator Daniel, Committee Amendment No. 1, held to be material, is 
adopted (33-0), constituting the first reading of the measure. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 20, for 
further consideration upon second reading. 



June 19, 1992 



124 SENATE JOURNAL [Second Session 

On motion of Senator Barnes, seconded by Senator Hartsell, the Senate adjourns at 
4:30 P.M. to meet tomorrow, June 20, at 9:00 A.M. 



ONE HUNDRED SIXTEENTH DAY 

Senate Chamber, 
Saturday, June 20, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father, for many of us it was on a Saturday morning about this time. We waited with 
anticipation for the distribution of extra family funds, our own allowances. On most 
Saturdays we got something; a few times we were surprised to get more than we expected; 
and then there were the times we got nothing. 

"Remembering how they felt on those days won't help make the actual task of 
allocating our State's budget any easier for the Senators. It will, however, make them 
better personal executors of those State funds. 

"May they have a productive Session now and safe journeys home, later today. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 19, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Forrester, who is covering his medical practice for the weekend; to Senator Carter, who 
is appearing in a wedding; and to Senator Conder, Senator Soles, Senator Marvin, 
Senator Walker, and Senator Raynor. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

A resolution filed for introduction is presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Ballance: 

S.J.R. 1257, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of the Honorable 
Joseph Branch, former Chief Justice of the North Carolina Supreme Court and State 
legislator. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

H. B. 945 (Senate Committee Substitute) , a bill to adjust fees in the General Court of 
Justice and the facilities fee, to allow the prorating of water fees, and to establish the 
percentage rate for the insurance regulatory charge and the public utility regulatory fee, 
upon second reading. 

With unanimous consent, on motion of Senator Barnes, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 



June 20, 1992 



1992] SENATE JOURNAL 125 

The Senate Committee Substitute bill passes its second reading by roll-call vote, ayes 
32, noes 5, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Cooper, Daniel, Goldston, Hunt, Johnson, Kaplan, Lee, Martin of 
Pitt, Murphy, Odom, Parnell, Plyler, Pollard, Richardson, Royall, Seymour, Shaw, 
Sherron, Smith, Speed, Staton, Tally, Ward, Warren, and Winner— 32. 

Voting in the negative: Senators Cochrane, Daughtry, Hartsell, Sands, and 
Simpson — 5. 

The Senate Committee Substitute bill is ordered placed on the Calendar for Monday, 
June 22, for further consideration, upon third reading. 

H.B. 1340 (Senate Committee Substitute), a bill to modify the Appropriations and 
Budget Revenue Act of 1991, As Amended, and to make other changes in the budget 
operation of the State. 

With unanimous consent, on motion of Senator Barnes, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 

Senator Basnight rises to explain H.B. 1340 (Senate Committee Substitute), along 
with the attached report, submitted by the Appropriations Committee, on June 19. 

Senator Shaw offers Amendment No. 1 which is adopted (39-0). 

Senator Martin of Guilford offers Amendment No. 2 as amended by Amendment 
No. 1, which he subsequently withdraws. 

Senator Goldston offers Amendment No. 3 which is adopted (37-2). 

Senator Daniel offers Amendment No. 4 which is adopted (36-1). 

Senator Barnes offers Amendment No. 5 which is adopted (37-0). 

Senator Royall offers Amendment No. 6 which is adopted (40-0). 

Senator Cochrane offers Amendment No. 7. Senator Royall offers a motion that 
Amendment No. 7 do lie upon the table, seconded by Senator Parnell, which motion 
prevails (24-13). Amendment No. 7 lies upon the table. 

Senator Winner offers Amendment No. 8 which is adopted (33-7). 

Senator Martin of Guilford offers Amendment No. 9 which is adopted (38-1). 

Senator Pollard offers Amendment No. 10 which fails of adoption (9-29). 

Senator Basnight offers Amendment No. 11 which is adopted (39-0). 

Senator Daughtry offers Amendment No. 12 which fails of adoption (11-29). 

Senator Bryan offers Amendment No. 13 which fails of adoption (13-24). 

Senator Sherron offers Amendment No. 14 which is adopted (35-0). 

Senator Blackmon offers Amendment No. 15. Senator Basnight offers a motion that 
Amendment No. 15 do lie upon the table, seconded by Senator Kaplan, which motion 
prevails (26-11). Amendment No. 15 lies upon the table. 

Senator Ward offers Amendment No. 16 which is adopted (36-0). 

Senator Goldston offers Amendment No. 17 which is adopted (37-0). 

Senator Goldston offers Amendment No. 18 which is adopted (35-0). 

Senator Daniel offers Amendment No. 19 which is adopted (36-0). 

Senator Odom offers Amendment No. 20 which is adopted (21-12). 

Senator Plyler offers Amendment No. 21 which is adopted (31-0). 

The Chair orders, without objection, the Senate Committee Substitute bill, as 
amended, temporarily displaced. 

Without objection, on motion of Senator Barnes, the Senate recesses at 12:30 P.M. to 
reconvene at 1:00 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 



June 20, 1992 



126 SENATE JOURNAL [Second Session 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Seymour, at the request of Senator Ballance, Chairman, submits for the 
Alcoholic Beverage Control Committee: 

H. B. 1322, a bill to increase the amount of beer a mini-brewery can sell to consumers 
at the brewery and to make technical and conforming changes to the alcoholic beverage 
laws, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Seymour, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read H.B. 1322 (Senate 
Committee Substitute) , a bill to increase the amount of beer a mini-brewery can sell to 
consumers at the brewery and to make technical changes to the alcoholic beverage laws, 
is placed before the Senate for immediate consideration. 

On motion of Senator Seymour, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for Monday, June 22, for further consideration. 

CALENDAR (Continued) 

H.B. 1340 (Senate Committee Substitute), a bill to modify the Appropriations and 
Budget Revenue Act of 1991, As Amended, and to make other changes in the budget 
operation of the State, as amended, temporarily displaced earlier. 

The Senate Committee Substitute bill, as amended, passes its second (20-6) and third 
readings and is ordered, without objection, engrossed and sent to the House of 
Representatives, for concurrence in the Senate Committee Substitute bill. 

With bills remaining on the Calendar, on motion of Senator Barnes, seconded by 
Senator Kaplan, the Senate adjourns at 1:35 P.M. to meet Monday, June 22, at 
8:30 P.M. 



ONE HUNDRED SEVENTEENTH DAY 

Senate Chamber, 
Monday, June 22, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Rabbi Penuches Herman, Sha' Arei Israel-Lubavitch 
Synagogue, Raleigh, as follows: 

"Adon Ho'adonim Melech Malchei Hamlochim— Master of masters, King of the 
Universe, Creator of heaven and earth, Who guides us with divine providence and 
sustains us with infinite mercy. 

"Bestow from Y-ur Sacred Wisdom and impart from Y-ur Divine Kn-wledge upon the 
distinguished people of this great assemblage to lead and inspire our citizens of this 
greatest State with moral justice and pride in the path that Y-u outlined as the Sven 
Noahide laws which will preserve and make us recognize our sacred trust to the world, 
through wisdom, love, decency, moral courage, and compassion. 



June 22, 1992 



1992] SENATE JOURNAL 127 

"Let this prestigious Body serve as an example to the entire country as one that will 
bring 'All nations that Y-u have made to come and bow down before Y-u, and give 
honor to Y-ur Name. For Y-u are great and perform wonders; Y-u alone, O G-d.' 
Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Saturday, June 20, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants leaves of absence for tonight to Senator 
Daughtry and Senator Raynor. 

H.B. 1340 (Senate Committee Substitute), a bill to modify the Appropriations and 
Budget Revenue Act of 1991, As Amended, and to make other changes in the budget 
operation of the State, ordered engrossed and sent to the House of Representatives on 
Saturday, June 20. 

Senator Barnes offers a motion that the Senate Committee Substitute bill be sent by 
special messenger tonight, which motion prevails. 

The Chair orders the measure sent to the House of Representatives by special 
messenger. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

H.B. 1376 (Committee Substitute), an act to authorize Bertie, Chowan, Hertford, 
and Tyrrell Counties to enter into long-term contracts for disposal of solid waste. 
(Ch. 773) 

H.B. 1405 (Committee Substitute), an act to provide for the nonpartisan election of 
the Carteret County Board of Education, subject to a referendum. (Ch. 774) 

H.B. 1409 (Committee Substitute), an act to authorize Moore County to enter into 
long-term contracts for disposal of solid waste. (Ch. 775) 

H.B. 1471, an act to remove the sunset from the act prohibiting the placement of a 
new ABC store within seven miles of the corporate limits of a municipality in which there 
is an existing ABC store in Brunswick County. (Ch. 776) 

On motion of Senator Barnes, the Chair extends courtesies of the gallery to Stanzaloh 
Denowitz, his daughter, and nephew, all from Poland. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of, as follows: 

H.B. 1561, a bill to clarify the development, delegation, and injunctive relief 
provisions of the Coastal Area Management Act. 

Referred to Environment and Natural Resources Committee. 

H.B. 1566, a bill to increase the benefits of the Henderson Firemen's Supplemental 
Retirement System. 

Referred to Pensions and Retirement Committee. 

CALENDAR 

Bills on the Calendar, carried forward as unfinished business from Saturday, June 20, 
are taken up and disposed of, as follows: 



June 22, 1992 



128 SENATE JOURNAL [Second Session 

S.B. 1134, a bill to establish the corporate limits of the Town of Benson, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Blackmon, Block, Carter, 
Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, Johnson, Kaplan, 
Kincaid, Lee, Martin of Pitt, Martin of Guilford, Murphy, Odom, Parnell, Plexico, 
Plyler, Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 38. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1150, a bill to allow Union County to create Fire Protection Districts in which fire 
protection is funded by fees rather than taxes, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Blackmon, Block, Carpenter, 
Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, Johnson, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plexico, Plyler, Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Tally, Walker, Ward, Warren, and Winner— 39. 

Voting in the negative: None. 

The bill is order sent to the House of Representatives. 

H. B. 1524, a bill to rewrite the law establishing the Supplementary Pension Fund for 
Firemen in the City of Sanford. 
The bill passes its second reading. 
The Chair orders, without objection, the bill temporarily displaced. 

S.B. 1072, a bill to set the Rural Electrification Authority regulatory fee for the 
1992-93 fiscal year and to require the General Assembly to enact legislation setting the 
fee in future fiscal years only if the fee is to be higher than the fee set for the 1992-93 
fiscal year, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Blackmon, Block, Carpenter, 
Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, Hunt, 
Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Plexico, Plyler, Pollard, Richardson, Sands, Seymour, Shaw, 
Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Warren, and Winner — 40. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1153, a bill to amend Chapter 501 of the 1989 Session Laws regarding a wholly 
self-liquidating capital project at the University of North Carolina at Asheville, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, 
Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Plexico, Plyler, Pollard, Richardson, Royall, Sands, Seymour, Shaw, 
Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and Winner— 41. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1155, a bill to amend Chapter 1092 of the 1987 Session Laws, Regular Session 
1988, regarding a wholly self-liquidating project at Elizabeth City State University, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, 



June 22, 1992 



1992] SENATE JOURNAL 129 

Hunt, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plexico, Plyler, Pollard, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, 
Warren, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill, which is read the first time and disposed of, as follows: 

H.J.R. 1659, a joint resolution honoring the founders of Saint Augustine's College 
and urging the Governor to issue a proclamation recognizing the College's One Hundred 
and Twenty-fifth Anniversary. 

Senator Johnson offers a motion that the joint resolution be placed before the Senate 
for immediate consideration, which motion prevails. 

The joint resolution passes its second (46-0) and third readings and is ordered 
enrolled. 

The Chair recognizes and extends courtesies of the gallery to Dr. Prezell R. Robinson, 
President of Saint Augustine's College for twenty-five years, and Mrs. Robinson; 
Vice-President Dr. J. Mills Holloway, Sr.; Vice-President Dr. Robert Shepherd; Dr. 
Thelma Roundtree, Executive Associate to the President and Chair of the 125th 
Celebration; Ms. Rebecca Weatherford, and Mr. Tracy Todd. 

CALENDAR (Continued) 

H.B. 1524, a bill to rewrite the law establishing the Supplementary Pension Fund for 
Firemen in the City of Sanford, temporarily displaced earlier, upon third reading. 

Senator Staton offers Amendment No. 1 which is adopted (47-0). 

The bill, as amended, passes its third reading (47-0). 

The bill, as amended, is ordered sent to the House of Representatives, for concurrence 
in Senate Amendment No. 1. 

S.B. 1200, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects on the 
Centennial Campus of North Carolina State University at Raleigh, as amended, upon 
third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 47, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 47. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 1011 (Committee Substitute), a bill making technical and other changes to the 
fuel tax laws, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, 



June 22, 1992 



130 SENATE JOURNAL [Second Session 

Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
June 23, for further consideration upon third reading. 

S.B. 1016 (Committee Substitute), a bill to convert the security dealer privilege 
license tax from a tax based on the number of offices from which securities are sold to a 
tax on each individual who sells securities, thereby treating sellers of securities the same 
as other professionals, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 37, 
noes 9, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Carpenter, 
Carter, Cochrane, Conder, Cooper, Forrester, Hartsell, Hyde, Johnson, Lee, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Richardson, 
Royall, Sands, Seymour, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 37. 

Voting in the negative: Senators Basnight, Blackmon, Goldston, Hunt, Kaplan, 
Kincaid, Martin of Pitt, Pollard, and Shaw — 9. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
June 23, for further consideration upon third reading. 

S.B. 1154 (Committee Substitute), a bill to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital improve- 
ments projects of the constituent institutions of the University of North Carolina, upon 
second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plyler, Pollard, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner— 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
June 23, for further consideration upon third reading. 

S.B. 1233, a bill to further amend Chapter 745 of the 1989 Session Laws to increase 
the authorized project cost of a wholly self-liquidating project involving a lease between 
the University of North Carolina at Chapel Hill and the United States Environmental 
Protection Agency, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plyler, Pollard, Richardson, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 23, for 
further consideration upon third reading. 



June 22, 1992 



1992] SENATE JOURNAL 131 

WITHDRAWAL FROM CALENDAR 

S.B. 993, a bill to make amendments to the Refund Anticipation Loan Act. 
Senator Barnes offers a motion that the bill be taken from the Calendar for tonight and 
placed on the Calendar for tomorrow, June 23, which motion prevails. 
The Chair orders the measure placed on tomorrow's Calendar. 

S.B. 1026 (Committee Substitute), a bill to increase the number of members of the 
Board of Trustees of the School of Science and Math to conform to the number of con- 
gressional districts which resulted from the 1990 census; to make administrative changes 
pertaining to the North Carolina Center for Nursing; and to provide for staggering the 
terms of members of the Nursing Scholars Commission. 

Senator Barnes offers a motion that the Committee Substitute bill be taken from the 
Calendar for tonight and placed on the Calendar for tomorrow, June 23, which motion 
prevails. 

The Chair orders the measure placed on tomorrow's Calendar. 

S.B. 1028, a bill to require the Board of Governors of the University of North 
Carolina, the State Board of Community Colleges, the State Board of Education, and the 
State's private institutions of higher education to cooperate in an exchange of informa- 
tion. 

Senator Barnes offers a motion that the bill be taken from the Calendar for tonight and 
placed on the Calendar for tomorrow, June 23, which motion prevails. 

The Chair orders the measure placed on tomorrow's Calendar. 

S.B. 1032 (Committee Substitute), a bill to prohibit discrimination against any 
employee for engaging in the lawful use of any lawful product during nonworking hours 
unrelated to employment. 

Senator Barnes offers a motion that the Committee Substitute bill be taken from the 
Calendar for tonight and placed on the Calendar for tomorrow, June 23, which motion 
prevails. 

The Chair orders the measure placed on tomorrow's Calendar. 

H.B. 1436, a bill to amend the charter of the City of Raleigh to allow for contracts 
with federal agencies to assist other governments. 

Senator Sherron offers a motion that the bill be taken from the Calendar for tonight 
and placed on the Calendar for Friday, June 26, which motion prevails. 

The Chair orders the measure placed on the Calendar for Friday, June 26. 

WITHDRAWAL FROM COMMITTEE 

S.B. 1226, a bill to modify the administrative structure of the Teachers' and State 
Employees' Comprehensive Major Medical Plan. 

Senator Sherron offers a motion that the rules be suspended and the bill be taken from 
the State Personnel and State Government Committee and re-referred to the 
Appropriations Committee, which motion prevails. 

The Chair orders the bill re-referred to the Appropriations Committee. 

WITHDRAWAL FROM CALENDAR 

H.B. 1322 (Senate Committee Substitute), a bill to increase the amount of beer a 
mini-brewery can sell to consumers at the brewery and to make technical changes to the 
alcoholic beverage laws. 

Senator Ballance offers a motion that the Senate Committee Substitute bill taken from 
the Calendar for tonight and placed on the Calendar for tomorrow, June 23, which 
motion prevails. 

The Chair orders the measure placed on tomorrow's Calendar. 



June 22, 1992 



132 SENATE JOURNAL [Second Session 

S.B. 1202, a bill to clarify the public enterprise law with respect to the adoption and 
enforcement of utility system ordinances. 

Senator Seymour offers a motion that the bill be taken from the Calendar for tonight 
and placed on the Calendar for tomorrow, June 23, which motion prevails. 

The Chair orders the measure placed on tomorrow's Calendar. 



CALENDAR (Continued) 
Bills on tonight's Calendar are taken up and disposed of, as follows: 

H. B. 945 (Senate Committee Substitute) , a bill to adjust fees in the General Court of 
Justice and the facilities fee, to allow the prorating of water fees, and to establish the 
percentage rate for the insurance regulatory charge and the public utility regulatory fee, 
upon third reading. 

The Senate Committee Substitute bill passes its third reading by roll-call vote, ayes 
43, noes 2, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Blackmon, Block, 
Carpenter, Carter, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, Hunt, 
Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, Odom, 
Parnell, Perdue, Plyler, Pollard, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner — 43. 

Voting in the negative: Senators Allran and Cochrane — 2. 

The Senate Committee Substitute bill is ordered sent to the House of Representatives 
for concurrence in the Senate Committee Substitute bill. 

S.B. 1197 (Committee Substitute), a bill to implement the oxygenated and reformu- 
lated gasoline requirements of the 1990 amendments to the Federal Clean Air Act, as 
amended, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 47, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 47. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, June 23 
for further consideration upon third reading. 

S.B. 1206 (Committee Substitute), a bill to make clarifying, conforming, and 
technical amendments to various laws relating to environment, health, and natural 
resources, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daniel, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, June 23 
for further consideration upon third reading. 



June 22, 1992 



1992] SENATE JOURNAL 133 

The President recognizes the following pages serving in the Senate this week: Caroline 
Virginia Barbee, Raleigh; Dan Rhyne Carter III, Dallas; Ryan Kenyon Chambers, 
Charlotte; Blythe Clifford, Raleigh; Susan Day, Chapel Hill; Jennifer Erwin, Charlotte; 
Suzanne Evans, Fayetteville, Christy Leigh Hawkins, New Bern; Worth M. Helms, 
Charlotte; Holly Barrett Hendricks, Wake Forest; Jennifer D. Holloway, Monroe; 
Brook Holton, Creswell; Katherine Ivanoff, Charlotte; Dora Ann Kitchin, Monroe, 
Jason Merritt Land, Louisburg; Matthew Auman McLean, Fayetteville; James 
Frederick Melvin, Eden; Charles M. Owens, Jr., Raleigh; Stephen Michael Phillips, 
Louisburg; Tara Chastain Renn, Goldsboro; Addie Vaughan Rivers, Green Cove 
Springs, Florida; Tracy Seymour, Green Cove Springs, Florida; Kathrine Bryan Stocks, 
Raleigh; Damion Lamar Tidwell, Charlotte; Christopher Keith Upright, North 
Wilkesboro; Allison Leigh Wood, Clayton; Benjamin Woodruff, Raleigh; William 
Warren Leathers IV, Rockingham. 

On motion of Senator Barnes, seconded by Senator Carpenter, the Senate adjourns at 
9:28 P.M. to meet tomorrow, June 23, at 1:30 P.M. 



ONE HUNDRED EIGHTEENTH DAY 

Senate Chamber, 
Tuesday, June 23, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, over the past three weeks we have made petitions to You, for everything 
from patience to wise judgement. You have been faithful to hear those prayers. So as the 
pace quickens this week and interpersonal petitions increase in number, sometime, 
somewhere, give us all a few moments of quiet so that we may listen for Your response to 
our prayers. Without the singleminded attentiveness to listen to You, we will rarely hear 
anything worth relating or catch a vision worth asking anyone else to gaze upon. Amen. " 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, June 22, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Daughtry, who as current President of the Bright Belt Warehouse Association is 
presiding at their annual meeting. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolutions properly enrolled, and they are 
duly ratified and sent to the office of the Secretary of State: 

S.J.R. 990, a joint resolution authorizing the 1991 General Assembly, 1992 Session, 
to consider a bill to be entitled an act to extend the grandfather clause application dead- 
line to October 31, 1992. (Res. 47) 

H.J.R. 1659, a joint resolution honoring the founders of Saint Augustine's College 
and urging the Governor to issue a proclamation recognizing the College's One Hundred 
and Twenty-fifth Anniversary. (Res. 48) 



June 23, 1992 



134 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary I Committee: 

H.B. 515 (Committee Substitute), a bill to impose a penalty of one hundred dollars 
for speeding in certain highway work zones, with a favorable report, as amended. 

H.B. 1512, a bill to provide for a uniform mandatory retirement age of seventy-two 
for all judges and justices of the General Court of Justice, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Pensions and Retirement 
Committee. 

By Senator Basnight for the Appropriations Committee: 

S.B. 701, a bill to establish the North Carolina Aquariums Commission and 
aquarium entrance fees, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 1235, a bill to change the name of the Department of Economic and Community 
Development, to make technical and conforming amendments to various laws, and to 
appropriate funds, with a favorable report, as amended. 

By Senator Hunt for the Election Laws Committee: 

H.B. 1432 (Committee Substitute) , a bill to set the 1992 and 1993 election calendar 
for the Anson County Board of Commissioners, with a favorable report. 

H.B. 1649, a bill to provide a procedure for an unaffiliated candidate for President 
who has qualified for ballot access to name candidates for elector and for 
Vice-President, with a favorable report. 

S.B. 1149, a bill to allow Montgomery County to establish voting precincts during 
1989 without regard to township boundaries, with a favorable report, as amended. 

H.B. 1440, a bill to provide that future elections for the Office of Mayor of Burgaw 
shall be for four-year terms, with a favorable report, as amended. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 

S.B. 292, a bill to make technical corrections in the Disability Income Plan of North 
Carolina, for concurrence in House Amendment No. 1 , which is placed on the Calendar 
for tomorrow, June 24. 

H.B. 31 (Committee Substitute), a bill to permit injured firemen to receive disability 
payments under the North Carolina Local Governmental Employees' Retirement System 
after one year's service and to allow for disability benefit if death occurs prior to 
retirement. 

Referred to Pensions and Retirement Committee. 

H.B. 1361, a bill to create an educational leadership task force to identify how to best 
select, train, evaluate, assess, and regulate the State's educational leaders. 
Referred to Education Committee. 



June 23, 1992 



1992] SENATE JOURNAL 135 

H.B. 1371, (Committee Substitute) a bill requiring traffic signs and other traffic 
control devices placed on a municipal street system street to conform to the appearance 
criteria of the Manual on Uniform Traffic Control Devices. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1499 (Committee Substitute), a bill authorizing the appointment of a special 
Board of Equalization and Review for Durham County. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1527 (Committee Substitute) , a bill to annex certain territory into the corporate 
limits of the Town of Farmville. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 1580 (Committee Substitute), a bill to establish the boundary line between 
Carteret and Craven Counties. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 1446 (Committee Substitute) , a bill to allow cities and counties to use property 
taxes to support public transportation without calling a referendum. 
Referred to Finance Committee. 

H.B. 1547 (Committee Substitute), a bill to codify the common-law rights in North 
Carolina to public use of ocean and estuarine beaches and to authorize legal actions to 
protect those rights. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 1357, a bill to reconvene a Teacher Training Task Force to study the progress 
made toward implementing the thirty-nine objectives of the original Task Force and to 
make recommendations to continue to improve the professional development of 
teachers. 

Referred to Appropriations Committee. 



WITHDRAWAL FROM COMMITTEE 

S.B. 1105, a bill to decrease State expenditures for safekeepers by clarifying the law 
regarding the medical costs of safekeepers and by changing the law regarding the transfer 
of safekeepers to the Department of Correction, referred to Veteran and Military 
Affairs, Law Enforcement, and Senior Citizens Committee on June 2. 

Senator Raynor offers a motion that the rules be suspended and the bill be taken from 
the Veteran and Military Affairs, Law Enforcement, and Senior Citizens 
Committee and re-referred to the Finance Committee, which motion prevails. 

The Chair orders the bill re-referred to Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

H.B. 172 (Senate Committee Substitute), a bill to resume electing the Tax Collector 
of Mitchell County. 

Senator Lee offers a motion that the Senate Committee Substitute bill be taken from 
the Calendar for today, June 23, and be recommitted to the Local Government and 
Regional Affairs Committee, which motion prevails. 

The Senate Committee Substitute bill is ordered recommitted to the Local 
Government and Regional Affairs Committee. 



June 23, 1992 



136 SENATE JOURNAL [Second Session 

S.B. 1162, a bill to exempt Rockingham County from certain recent amendments to 
the recording requirements for plats and subdivisions, as amended. 

On motion of Senator Sands, without objection, the bill, as amended, is temporarily 
displaced. 

S.B. 1011 (Committee Substitute), a bill making technical and other changes to the 
fuel tax laws, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 44, noes 
0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Blackmon, Block, 
Carpenter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, Hunt, 
Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, 
Warren, and Winner — 44. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 1016 (Committee Substitute), a bill to convert the security dealer privilege 
license tax from a tax based on the number of offices from which securities are sold to a 
tax on each individual who sells securities, thereby treating sellers of securities the same 
as other professionals, upon third reading. 

On motion of Senator Kaplan, further consideration of the Committee Substitute bill is 
postponed until tomorrow, June 24. 

S.B. 1154 (Committee Substitute), a bill to authorize the construction and the 
financing, without appropriations from the General Fund, of certain capital 
improvements projects of the constituent institutions of the University of North Carolina, 
upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, noes 
0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Blackmon, Block, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, 
Warren, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 1197 (Committee Substitute), a bill to implement the oxygenated and reformu- 
lated gasoline requirements of the 1990 amendments to the Federal Clean Air Act, upon 
third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 41, noes 
0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Blackmon, Block, Carpenter, 
Carter, Cochrane, Conder, Cooper, Forrester, Hartsell, Hunt, Hyde, Johnson, 
Kaplan, Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, 
Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, Seymour, Shaw, 
Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner — 41. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 1206 (Committee Substitute), a bill to make clarifying, conforming, and 
technical amendments to various laws relating to environment, health, and natural 
resources, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 44, noes 
0, as follows: 



June 23, 1992 



1992] SENATE JOURNAL 137 

Voting in the affirmative: Senators Ballance, Barnes, Blackmon, Block, Carpenter, 
Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, Hunt, 
Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, 
Warren, and Winner — 44. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 1233, a bill to further amend Chapter 745 of the 1989 Session Laws to increase 
the authorized project cost of a wholly self-liquidating project involving a lease between 
the University of North Carolina at Chapel Hill and the United States Environmental 
Protection Agency, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 46, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, 
Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, 
Warren, and Winner — 46. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

H.B. 530 (Senate Committee Substitute), a bill making various amendments to 
Chapter 85B and Chapter 20 of the General Statutes relating to auctions and auctioneers , 
upon second reading. 

With unanimous consent, on motion of Senator Hunt, privileges of the floor are 
granted to John Aldridge of the Attorney General's Office for the purpose of assisting in 
the explanation of the measure. 

Senator Kincaid offers Amendment No. 1 which is adopted (49-0). 

Senator Winner offers Amendment No. 2 which is adopted (48-0). 

Senator Kaplan offers Amendment No. 3 which is adopted (47-0). 

Senator Odom offers Amendment No. 4 which he subsequently withdraws. 

The Senate Committee Substitute bill, as amended, passes its second reading by 
roll-call vote, ayes 45, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, 
Goldston, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, and Warren— 45. 

Voting in the negative: Senators Kincaid and Simpson— 2. 

The Senate Committee Substitute bill, as amended, is ordered placed on the Calendar 
for tomorrow, June 24, for further consideration upon third reading. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Murphy for the Human Resources Committee: 

S.B. 1111, a bill to provide that blind persons shall be granted preference in the 
operation of vending facilities on North Carolina highways, with a favorable report, as 
amended. 



June 23, 1992 



138 SENATE JOURNAL [Second Session 

By Senator Sands for the Judiciary II Committee: 

H. B. 863, a bill to require that at least twenty-five percent of the proceeds from bingo 
games be used for charitable purposes, with a favorable report, as amended. 

By Senator Daniel for the Finance Committee: 

S.B. 1007, a bill to provide that if a person conducts business at a trade show or flea 
market , the trade show or flea market is not considered the person ' s business location for 
the purpose of the privilege license tax, with a favorable report. 

S.B. 1023, a bill to change the maintenance of effort provision for the public schools 
of Robeson County, with a favorable report. 

S.B. 1176, a bill to establish by a description the boundaries for Jot-Um-Down Fire 
District in Surry County, with a favorable report. 

S.B. 1177, a bill to establish by a description the boundaries for C.C. Camp Fire 
District in Surry County, with a favorable report. 

S.B. 1193 (Committee Substitute) , a bill to authorize joint agencies to provide aid and 
assistance to municipalities and joint municipal assistance agencies as recommended by 
the Joint Legislative Utility Review Committee and to clarify the authority to invest joint 
agency funds, with a favorable report. 

S.B. 1255, a bill to ratify, approve, confirm, and validate all proceedings taken in 
1991 by the governing board of any unit of local government in connection with the 
extension of the period during which bonds may be issued, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 1255 (Committee Substitute), a bill to ratify, 
approve, confirm, and validate all proceedings taken in 1991 by the governing board of 
any unit of local government in connection with the extension of the period during which 
bonds may be issued and to allow the refunding of multifamily housing bonds issued by 
local governments and nonprofit organizations, is placed before the Senate for 
immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, June 24, for further consideration. 



CALENDAR (Continued) 

S.B. 1032 (Committee Substitute), a bill to prohibit discrimination against any 
employee for engaging in the lawful use of any lawful product during nonworking hours 
unrelated to employment. 

With unanimous consent, on motion of Senator Sands, the Committee Substitute bill 
is taken up out of its regular order of business. 

Senator Sands offers Amendment No. 1 which is adopted (45-1). 

Senator Sands calls the previous question, seconded by Senator Barnes. The call is 
sustained (38-10). 

The Committee Substitute bill, as amended, passes its second reading (41-7). 

Senator Barnes objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, June 24, for further consideration, upon 
third reading. 



June 23, 1992 



1992] SENATE JOURNAL 139 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 1340 House of Representatives 

(Senate Committee Substitute) June 23, 1992 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate Comm. Sub. to HB. No. 1340 

A BILL TO BE ENTITLED AN ACT TO MODIFY THE APPROPRIATIONS AND 
BUDGET REVENUE ACT OF 1991, AS AMENDED, AND TO MAKE OTHER 
CHANGES IN THE BUDGET OPERATION OF THE STATE. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

With bills remaining on the Calendar, on motion of Senator Barnes, seconded by 
Senator Cooper, the Senate adjourns at 3:00 P.M. to meet tomorrow, June 24, at 
1:30 P.M. 



ONE HUNDRED NINETEENTH DAY 

Senate Chamber, 
Wednesday, June 24, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"All Knowing God, we listen and look for it in conversation with a homeless person 
who needs a dollar or in dialogue with an advocate for a cause that needs one million 
dollars. We want to discover, hear, and speak the truth. We confess our cynicism, 
however, and feel at times like the writer who said, 'As scarce as truth is, the supply has 
always been in excess of the demand.' 

"Forgive us, O God, for our cynicism and for the times that we have felt imprisoned by 
the truth. Remind us instead of Your promise that when we look to You, 'We shall know 
the Truth and the Truth shall set us free.' Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 23, has been examined and is found to be correct. On his motion the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Daughtry. 

The Chair grants courtesies of the floor to C. W. Hardin, former Senator from 
Haywood County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 



June 24, 1992 



140 SENATE JOURNAL [Second Session 

H. B. 303, an act to allow more than one postponement of foreclosure sales within the 
ninety-day postponement period. (Ch. 777) 

H.B. 1475 (Committee Substitute), an act to permit the Counties of Harnett and 
Watauga to rename County public and private roads. (Ch. 778) 

Without objection, on motion of Senator Barnes, the Senate recesses at 1:35 P.M. to 
reconvene at 2:00 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Economic Development Committee: 

S.B. 1124, a bill to authorize the County of Franklin to take into consideration 
prospective revenues generated by the development in arriving at the amount of consider- 
ation for an economic development conveyance, with a favorable report. 

H.B. 1441 (Committee Substitute), a bill to allow the City of Mount Airy and the 
County of Ashe to take into consideration prospective revenues generated by the develop- 
ment in arriving at the amount of consideration for an economic development convey- 
ance, with a favorable report. 

H.B. 1535, a bill to authorize the City of Conover to take into consideration prospec- 
tive revenues genrerated by the development in arriving at the amount of consideration 
for an economic development conveyance, with a favorable report. 

By Senator Sands for the Judiciary II Committee: 

H.B. 1117, a bill to amend the law regarding the transfer of jurisdiction over a 
juvenile to superior court for trial as an adult, with an unfavorable report as to bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Senate Committee Sub- 
stitute bill is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 25, for further consideration. 

By Senator Block for the Pensions and Retirement Committee: 

H.B. 1411, a bill to remove the City of Kinston's local modifications to 
G.S. 58-84-30 and G.S. 58-84-35, with a favorable report. 

H.B. 1424, a bill to increase the supplemental retirement benefits for the firefighters 
of the City of Shelby, with a favorable report. 

H.B. 1425, a bill to rewrite the law regarding the Lumberton Firemen's Supplemental 
Fund, with a favorable report. 

H.B. 1512, a bill to provide for a uniform mandatory retirement age of seventy-two 
for all judges and justices of the General Court of Justice, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



June 24, 1992 



1992] SENATE JOURNAL 141 

H.B. 1556, a bill to rewrite the law revising and consolidating the Charter of the City 
of Lenoir as it relates to the City of Lenoir's Firemen's Supplemental Retirement Fund, 
with a favorable report. 

By Senator Speed for the Agriculture, Marine Resources, and Wildlife 
Committee: 

S.B. 1161, a bill to provide for a fox trapping season in Caswell County, with a 
favorable report. 

H.B. 1334, a bill to amend the title and scope of the Agriculture, Forestry, and 
Seafood Awareness Study Commission by deleting Seafood from the Commission's title 
and area of study, with a favorable report. 

H.B. 1369, a bill to amend the General Statutes relating to shellfish leases, with a 
favorable report. 

H.B. 1470, a bill to authorize the Towns of Holden Beach, Sunset Beach, Long 
Beach, Topsail Beach, North Topsail Beach and Surf City to create sea turtle sanctu- 
aries, with a favorable report. 

H.B. 1474, a bill to prohibit hunting from public roads in Davidson County, with a 
favorable report. 

H.B. 1486, a bill to prohibit hunting on or across State Road 1205 in Camden County, 
with a favorable report. 

H.B. 1576, a bill to allow Emerald Isle to regulate personal watercraft operation, with 
a favorable report. 

By Senator Soles for the Judiciary I Committee: 

H.B. 519 (Committee Substitute), a bill requiring employers to reimburse employ- 
ment agency fees under certain circumstances, with an unfavorable report as to 
Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

On motion of Senator Soles, the Senate Committee Substitute bill is placed on the 
Calendar for Tuesday, June 30, for further consideration. 

H.B. 978 (Committee Substitute), a bill to protect agricultural operations from 
nuisance suits under certain circumstances, with an unfavorable report as to Committee 
Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read H.B. 978 (Senate 
Committee Substitute) , a bill to protect forestry operations from nuisance suits under 
certain circumstances, is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Tuesday, June 30, for further consider- 
ation. 

WITHDRAWAL FROM COMMITTEE 

H.J.R. 1651, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of Algernon 
Augustus Zollicoffer, Jr., distinguished citizen of North Carolina and former State 
Representative, referred to Rules and Operation of the Senate Committee on 
June 19. 

Senator Winner offers a motion that the rules be suspended and the joint resolution be 
taken from the Rules and Operation of the Senate Committee and placed on the 
Calendar for today in its regular order of business, which motion prevails. 



June 24, 1992 



142 SENATE JOURNAL [Second Session 

The Chair orders the joint resolution placed on today's Calendar in its regular order of 
business. 

By Senator Sherron for the State Personnel and State Government 
Committee: 

S.B. 973, a bill to direct the Department of Administration to study and recommend 
methods for encouraging State employees to use public transit in commuting to work, 
with a favorable report. 

S.B. 1256, a bill to clarify that local governmental entities are eligible to receive grant 
funds for domestic violence centers, with a favorable report. 

H.B. 357, a bill to specify the powers of the Board of Medical Examiners regarding 
real property, with a favorable report. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S.B. 1182, a bill to place a moratorium on disposition of property by the City of 
Roxboro at the Lake Roxboro Project in Caswell County under a 1989 local act, and to 
toll a statute of limitations under that act, with a favorable report. 

H.B. 1346 (Committee Substitute), a bill to annex a described area to the Town of 
Elizabethtown, and conditionally forbid its annexation prior to the effective date of the 
legislative annexation, with a favorable report. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

H.B. 1417 (Committee Substitute) , a bill to extend the corporate limits of the Village 
of Pinehurst, with a favorable report. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

H.B. 1423 (Committee Substitute), a bill concerning the consent of New Hanover 
and Pender Counties with regard to certain land acquisitions in those counties, with a 
favorable report. 

H.B. 1442, a bill to extend the limits of the Fleetwood and the Lansing Fire Protection 
Districts in Ashe County, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 1466, a bill to authorize Hyde County to assess benefited property in advance of 
improvements to subdivision and residential streets, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 1490, a bill to create a new offense of third-degree trespass in Iredell County, 
with a favorable report. 

H.B. 1491, a bill to increase the fine for violation of any regulation of the Lake 
Norman Marine Commission, with a favorable report. 

H.B. 1573, a bill to incorporate the Town of Boardman in Columbus County, subject 
to a referendum, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 1141, a bill to authorize Pitt County to create Rescue/Emergency Medical 
Services Protection Districts, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 



June 24, 1992 



1992] SENATE JOURNAL 143 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Finance Committee. 

H.B. 1468 (Committee Substitute), a bill making a qualified exception from the 
Public Records Act for the Brunswick County Geographical Information System, with a 
favorable report, as amended. 

H.B. 1494, a bill to permit the County of Stanly to rename County public and private 
roads, with a favorable report, as amended. 

H.B. 1575, a bill to modify Chapter 546 of the 1987 Session Laws to remove the 
municipalities of Apex and Fuquay-Varina from the South Wake Airport Authority, 
with a favorable report, as amended. 

H.B. 1493, a bill to allow Stanly County to acquire property for use by the Stanly 
County Schools and the Albemarle City Schools and to authorize boards of education in 
Stanly County to convey property to the County in connection with improvements and 
repair of the property, with an unfavorable report as to bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Lee, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read H.B. 1493 (Senate 
Committee Substitute) , a bill to allow certain counties to acquire property for use by 
certain county boards of education and to authorize certain local boards of education to 
convey property to the County in connection with improvements and repair of the 
property, is placed before the Senate for immediate consideration. 

On motion of Senator Lee, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, June 25, for further consideration. 



INTRODUCTION OF BILL AND RESOLUTION 

A bill and resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Martin of Guilford and Seymour: 

S.J.R. 1258, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide for a maintenance of funds 
appropriated by the Board of County Commissioners to the local current expense fund of 
local school administrative units in fiscal year 1992-93 before merger becomes effective 
on July 1 , 1993, if the merger did not require approval of the Board of County Commis- 
sioners. 

Without objection, on motion of Senator Martin of Guilford, the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (33-10) and third readings and is ordered, on 
motion of Senator Martin of Guilford, with unanimous consent, sent to the House of 
Representatives by special messenger. 

By Senator Plyler: 

S. B. 1259, a bill to extend the grandfather clause application deadline to October 31 , 
1992. 

Referred to Human Resources Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 



June 24, 1992 



144 SENATE JOURNAL [Second Session 

S.B. 556 (Committee Substitute), a bill to allow absentee voting in referenda on 
incorporation of a municipality, and to shorten the candidate filing period, for 
concurrence in the House Committee Substitute bill, which changes the title, upon con- 
currence, to read S.B. 556 (House Committee Substitute), a bill to allow absentee vot- 
ing in referenda on incorporation of a municipality. 

On motion of Senator Sands, the rules are suspended without objection, and the House 
Committee Substitute is placed before the Senate for immediate consideration for 
concurrence. 

The Senate fails to concur in the House Committee Substitute bill (3-42). Senator 
Sands offers a motion that the Senate do appoint conferees, which motion prevails. 

The President Pro Tempore takes the appointment of conferees under advisement. 

H.B. 235 (Committee Substitute No. 2), a bill to clarify the law regarding law 
disability retirement. 

Referred to Pensions and Retirement Committee. 

H.B. 1375, a bill to amend Chapter 593 of the 1991 Session Laws to provide for the 
State Bureau of Investigation's immediate notification of alleged sexual abuse in day 
care. 

Referred to Human Resources Committee. 

H.B. 1404, a bill to increase the retirement formulas and to provide adjusting 
increases to retirees of the Teachers' and State Employees' Retirement System and the 
Local Governmental Employees' Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

H.B. 1596 (Committee Substitute), a bill to expand the application of the North 
Carolina Environmental Policy Act of 1 97 1 to include the use of public land and to clarify 
the purpose and review process for environmental documents. 

Referred to Environment and Natural Resources Committee. 

H.B. 1601 (Committee Substitute), a bill to make clarifying, conforming, and 
technical amendments to various laws relating to environment, health, and natural 
resources. 

Referred to Environment and Natural Resources Committee. 

H.J.R. 1654, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of James Forrest 
Penny, Jr., former member of the North Carolina House of Representatives. 

Referred to Rules and Operation of the Senate Committee. 

RE-REFERRAL 

H.B. 1393, a bill to clarify the enforcement of the building code by a municipality in 
its extraterritorial jurisdiction and to provide for appointments to the Building Code 
Council, referred to Manufacturing and Labor Committee on June 18. 

Senator Parnell offers a motion that the rules be suspended and the bill be taken from 
the Manufacturing and Labor Committee and re-referred to the Judiciary II 
Committee, which motion prevails. 

The Chair orders the bill re-referred to the Judiciary II Committee. 

H.B. 1395, a bill to establish an inter-agency task force to study the reorganization of 
State agencies involved with occupational safety and health and fire safety responsibili- 
ties and to report to the LRC Committee on Fire and Occupational Safety at Industrial 
and Commercial Facilities by October 1, 1992, referred to Manufacturing and 
Labor Committee on June 18. 

Senator Parnell offers a motion that the rules be suspended and the bill be taken from 
the Manufacturing and Labor Committee and re-referred to the Judiciary II 
Committee, which motion prevails. 

The Chair orders the bill re-referred to the Judiciary II Committee. 



June 24, 1992 



1992] SENATE JOURNAL 145 

CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
Tuesday, June 23, are taken up and disposed of, as follows: 

S.B. 1162, a bill to exempt Rockingham County from certain recent amendments to 
the recording requirements for plats and subdivisions, as amended. 

Senator Sands offers Amendment No. 2 which is adopted (45-0) , changing the title to 
read S.B. 1162, a bill to exempt Rockingham County from a recent amendment to the 
recording requirements for plats and subdivisions. 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 993, a bill to make amendments to the Refund Anticipation Loan Act. 
The bill passes its second (45-1) and third readings and is ordered, without objection, 
sent to the House of Representatives by special messenger. 

S.B. 1026 (Committee Substitute), a bill to increase the number of members of the 
Board of Trustees of the School of Science and Math to conform to the number of 
congressional districts which resulted from the 1990 census; to make administrative 
changes pertaining to the North Carolina Center for Nursing; and to provide for stagger- 
ing the terms of members of the Nursing Scholars Commission. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 1028, a bill to require the Board of Governors of the University of North 
Carolina, the State Board of Community Colleges, the State Board of Education, and the 
State's private institutions of higher education to cooperate in an exchange of 
information. 

On motion of Senator Perdue, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 1322 (Senate Committee Substitute), a bill to increase the amount of beer a 
mini-brewery can sell to consumers at the brewery and to make technical changes to the 
alcoholic beverage laws. 

Senator Ballance offers Amendment No. 1 which is adopted (44-0) , further changing 
the title, upon concurrence, to read H.B. 1322 (Senate Committee Substitute) , a bill to 
increase the amount of beer a mini-brewery can sell to consumers at the brewery and to 
make changes to the alcoholic beverage laws. 

Senator Marvin offers Amendment No. 2 which is adopted (45-0). 

Senator Pollard offers Amendment No. 3 which is adopted (43-0). 

The Senate Committee Substitute bill, as amended, passes its second reading (43-6) . 

Senator Parnell objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, June 25, for further consideration upon 
third reading. 

H.J.R. 1651, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of Algernon 
Augustus Zollicoffer, Jr., distinguished citizen of North Carolina and former State 
Representative. 

The joint resolution passes its second (48-0) and third readings and is ordered 
enrolled. 

S.B. 1202, a bill to clarify the public enterprise law with respect to the adoption and 
enforcement of utility system ordinances, as amended, upon third reading. 

The bill, as amended, passes its third reading (48-0) and is ordered engrossed and 
sent to the House of Representatives. 



June 24, 1992 



146 SENATE JOURNAL [Second Session 

Bills and resolutions on today's Calendar are taken up and disposed of, as follows: 

S.B. 1176, a bill to establish by a description the boundaries for Jot-Um-Down Fire 
District in Surry County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Royall, Sands, Seymour, Shaw, Smith, Soles, Speed, Staton, Tally, Walker, Ward, 
Warren, and Winner — 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 25, for further consider- 
ation upon third reading. 

S.B. 1177, a bill to establish by a description the boundaries for C.C. Camp Fire 
District in Surry County, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 48, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 48. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 25, for 
further consideration upon third reading. 

S.B. 1149, a bill to allow Montgomery County to establish voting precincts during 
1989 without regard to township boundaries. 

On motion of Senator Hunt, Committee Amendment No. 1 is adopted, changing the 
title to read S.B. 1149, a bill to allow Montgomery County to establish voting precincts 
without regard to township boundaries. 

The bill, as amended, passes its second (47-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

The President of the Senate relinquishes the gavel to Senator Basnight, who presides in 
his absence, and in the absence of the President Pro Tempore. 

H.B. 1432 (Committee Substitute), a bill to set the 1992 and 1993 election calendar 
for the Anson County Board of Commissioners. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 1440, a bill to provide that future elections for the Office of Mayor of Burgaw 
shall be for four-year terms. 

On motion of Senator Hunt, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (45-0) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1. 

S.B. 1016 (Committee Substitute), a bill to convert the security dealer privilege 
license tax from a tax based on the number of offices from which securities are sold to a 
tax on each individual who sells securities, thereby treating sellers of securities the same 
as other professionals, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 46, noes 
0, as follows: 



June 24, 1992 



1992] SENATE JOURNAL 147 

Voting in the affirmative: Senators Allran, Ballance, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

H.B. 530 (Senate Committee Substitute), a bill making various amendments to 
Chapter 85B and Chapter 20 of the General Statutes relating to auctions and auctioneers, 
as amended, upon third reading. 

Senator Kaplan offers Amendment No. 5 which is adopted (37-8). 

The Senate Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 42, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Blackmon, Block, Bryan, Carpenter, 
Carter, Cochrane, Cooper, Forrester, Goldston, Hunt, Hyde, Johnson, Kaplan, 
Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner — 42. 

Voting in the negative: Senators Hartsell and Simpson— 2. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and sent to 
the House of Representatives, for concurrence in the Senate Committee Substitute bill. 

S. B. 1023, a bill to change the maintenance of effort provision for the public schools 
of Robeson County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Blackmon, Block, Bryan, 
Carpenter, Cochrane, Cooper, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, 
Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, Seymour, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner — 41. 

Voting in the negative: Senators Carter and Forrester — 2. 

The bill is ordered placed on the Calendar for tomorrow, June 25, for further consider- 
ation upon third reading. 

S.B. 1193 (Committee Substitute), a bill to authorize joint agencies to provide aid and 
assistance to municipalities and joint municipal assistance agencies as recommended by 
the Joint Legislative Utility Review Committee and to clarify the authority to invest joint 
agency funds, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Cooper, Forrester, Goldston, Hartsell, Hunt, 
Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, June 
25, for further consideration upon third reading. 



June 24, 1992 



148 SENATE JOURNAL [Second Session 

Senator Basnight relinquishes the gavel to the President of the Senate, Lieutenant 
Governor Gardner, who presides. 

S.B. 1255 (Committee Substitute) , a bill to ratify, approve, confirm, and validate all 
proceedings taken in 1991 by the governing board of any unit of local government in 
connection with the extension of the period during which bonds may be issued and to 
allow the refunding of multifamily housing bonds issued by local governments and 
nonprofit organizations, upon second reading. 

With unanimous consent, Senator Winner is excused from voting. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Cooper, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, and Warren — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, June 
25, for further consideration upon third reading. 

S.B. 1007, a bill to provide that if a person conducts business at a trade show or flea 
market, the trade show or flea market is not considered the person's business location for 
the purpose of the privilege license tax. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1111, a bill to provide that blind persons shall be granted preference in the 
operation of vending facilities on North Carolina highways. 

On motion of Senator Murphy, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1235, a bill to change the name of the Department of Economic and Community 
Development, to make technical and conforming amendments to various laws, and to 
appropriate funds. 

On motion of Senator Basnight, Committee Amendment No. 1 is adopted, changing 
the title to read S.B. 1235, a bill to change the name of the Department of Economic and 
Community Development, and to make technical and conforming amendments to 
various laws. 

The Chair rules the bill requires a call of the roll. 

The bill, as amended, passes its second reading by roll-call vote, ayes 48, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherfon, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner — 48. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 25, for 
further consideration upon third reading. 

H.B. 515 (Committee Substitute), a bill to impose a penalty of one hundred dollars 
for speeding in certain highway work zones. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted. 
Senator Odom offers Amendment No. 2 which is adopted (46-1). 



June 24, 1992 



1992] SENATE JOURNAL 149 

The Committee Substitute bill, as amended, passes its second (46-2) and third 
readings and is ordered sent to the House of Representatives, for concurrence in Senate 
Amendments No. 1 and No. 2. 

H. B. 863, a bill to require that at least twenty-five percent of the proceeds from bingo 
games be used for charitable purposes. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (46-3). 

Senator Bryan objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, June 25, for further consideration upon 
third reading. 

H.B. 1649, a bill to provide a procedure for an unaffiliated candidate for President 
who has qualified for ballot access to name candidates for elector and for Vice- 
President. 

The bill passes its second (47-0) and third readings and is ordered enrolled. 

S.B. 1032 (Committee Substitute), a bill to prohibit discrimination against any 
employee for engaging in the lawful use of any lawful product during nonworking hours 
unrelated to employment, as amended, upon third reading. 

Senator Winner offers Amendment No. 2 which is adopted (32-15) , further changing 
the title to read S.B. 1032 (Committee Substitute), a bill to prohibit discrimination 
against any employee for engaging in the lawful use of any lawful product or political 
activity during nonworking hours unrelated to employment. 

Senator Bryan offers Amendment No. 3 which fails of adoption (13-33). 

Senator Sands calls the previous question, seconded by Senator Odom. The call is 
sustained (44-3). 

The Committee Substitute bill, as amended, passes its third reading (34-12) and is 
ordered engrossed and sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 1340 House of Representatives 

(Senate Committee Substitute) June 24, 1992 

Mr. President: 

Pursuant to our message of June 23, 1992 that the House fails to concur in the Senate 
Comm. Sub. to HB. No. 1340 

A BILL TO BE ENTITLED AN ACT TO MODIFY THE APPROPRIATIONS AND 
BUDGET REVENUE ACT OF 1991, AS AMENDED, AND TO MAKE OTHER 
CHANGES IN THE BUDGET OPERATION OF THE STATE. 

the Speaker has requested conferees on the part of the Senate to serve with a like 
committee of the House which consists of Representatives Diamont and Nesbitt, 
Chairmen; Representatives Bowman, N. J. Crawford, Easterling, Nye, Anderson, 
Redwine, Ethridge, H. Hunter, Fussell, Payne, Holt, McLaughlin, Hackney, Miller, 
Esposito, Dickson, Jack Hunt and Michaux. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

Senator Barnes offers a motion that the Senate do appoint conferees, which motion 
prevails. 



June 24, 1992 



150 SENATE JOURNAL [Second Session 

The President Pro Tempore appoints Senators Basnight (Chairman), Daniel, 
Goldston, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Perdue, Plyler, 
Richardson, Royall, Shaw, Simpson, Smith, Ward, Odom, Hyde, Walker, and Lee, as 
conferees on the part of the Senate to resolve the differences arising between the two 
Bodies and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 



CALENDAR (Continued) 

S. B. 292, a bill to make technical corrections in the Disability Income Plan of North 
Carolina, for concurrence in House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (45-0) and the measure is ordered 
enrolled. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 

S.B. 726 (House Committee Substitute), a bill concerning the Workers' Compensa- 
tion Security Fund, for concurrence in the House Committee Substitute bill. 
Recommitted to Manufacturing and Labor Committee. 

H.B. 1421, a bill to transfer the North Carolina Firemen's and Rescue Squad 
Workers' Pension Fund from the Department of State Auditor to the Department of State 
Treasurer, and to make the State Treasurer the Chairman of the Board of Trustees of the 
Pension Fund. 

Referred to Pensions and Retirement Committee. 

H.B. 1520, a bill to prohibit hunting from the right-of-way of certain roads in Craven 
County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 1521 , a bill to change the name of the New Bern-Craven County Schools to the 
Craven County Schools. 

Referred to Education Committee. 

H.B. 1522, a bill to provide the council-manager form of government in the Town of 
Cornelius. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1531, a bill to authorize the Bladen County Board of Education to convey 
certain real property to the Bladenboro Historical Society. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1550, a bill to authorize Rockingham County to establish noise districts and to 
regulate noise within those districts. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1557, a bill to allow Iredell County to acquire property for use by the County 
Boards of Education and to authorize Boards of Education in Iredell County to convey 
property to the County in connection with improvements and repair of the property. 

Referred to Education Committee. 



June 24, 1992 



1992] SENATE JOURNAL 151 

H.B. 1567, a bill to exempt Surry County from certain statutory requirements in the 
construction of an animal shelter facility. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1569, a bill to authorize Boards of Education in Richmond County to convey 
property to the County in connection with improvements and repair of the property. 
Referred to Local Government and Regional Affairs Committee. 

H.J.R. 1653, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide for enforcement for parking 
violations on publicly owned parking lots in Fayetteville. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 1394 (Committee Substitute), a bill to protect employees from retaliatory 
discrimination in employment for engaging in protected activities. 
Referred to Judiciary II Committee. 

H.B. 1579, a bill to modify the Raleigh Civil Service Act concerning political activity, 
so that general law will apply. 

Referred to Local Government and Regional Affairs Committee. 

APPOINTMENT OF CONFERENCE COMMITTEE 

S.B. 556 (House Committee Substitute), a bill to allow absentee voting in referenda 
on incorporation of a municipality. 

The motion of Senator Sands, prevailing earlier today that the Senate do appoint 
conferees, the President Pro Tempore appoints Senators Sands (Chairman), Kaplan, 
Hunt, and Marvin as conferees on the part of the Senate to resolve the differences arising 
between the two Bodies, and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action and requesting conferees. 

WITHDRAWAL FROM CALENDAR 

H.B. 1436, a bill to amend the charter of the City of Raleigh to allow for contracts 
with federal agencies to assist other governments, placed on the Calendar for Friday, 
June 26, on Monday, June 22. 

Senator Johnson offers a motion that the bill be taken from the Calendar for Friday, 
June 26, and placed on the Calendar for Tuesday, June 30, which motion prevails. The 
bill is ordered placed on the Calendar for Tuesday, June 30. 

On motion of Senator Royall, seconded by Senator Winner, the Senate adjourns at 
4:45 P.M. to meet tomorrow, June 25, at 11:00 A.M. 



ONE HUNDRED TWENTIETH DAY 

Senate Chamber, 
Thursday, June 25, 1992. 

BY PROCLAMATION OF THE GOVERNOR 
HENSON BARNES APPRECIATION DAY IN NORTH CAROLINA 

The Senate meets pursuant to adjournment and in the absence of the Lieutenant 
Governor is called to order by the Honorable Kenneth C. Royall Jr. , Deputy President 
Pro Tempore. 



June 25, 1992 



152 SENATE JOURNAL [Second Session 

Prayer is offered by Dr. Brent Johnston, Minister of Benton Heights Presbyterian 
Church, Monroe, as follows: 

"I want to thank you for the opportunity to come and have a prayer with you. I'm going 
to read a prayer out of the 1946 Book of Common Worship. I'm proud of the Presby- 
terian heritage, particularly the Presbyterian heritage in the ordering of public life. For 
many of you it goes all the way back to the founding of our country. James Madison was 
one of the writers of the Constitution and James Madison was one of the persons who 
articulated the doctrine of separation of church and state, which we read so much about 
nowadays, and Madison, as he understood that doctrine, was that it was never intended 
to be freedom from religion, but freedom of religion. And so I'm very proud and 
honored to come before you and have a prayer. Let us bow our heads. 

Lord God of our fathers, who hast granted unto our country freedom, and estab- 
lished sovereignty by the people's will: We thank Thee for those whom Thou 
hast raised up for our nation, to defend our liberty, preserve our union, and 
maintain law and order within our borders. Ever give unto the republic wise and 
fearless leaders and commanders in every time of need. Enlighten and direct the 
multitudes whom Thou hast ordained in power, that their counsels may be filled 
with knowledge and equity, and the whole commonwealth be preserved in peace, 
unity, strength, and honor. Take under Thy governance and protection Thy 
servants, the President, the governors of the states, the lawgivers, the judges, 
and all who are entrusted with authority; so defending them from all evil and 
enriching them with all good that the people may prosper in freedom beneath an 
equal law, and our nation may magnify Thy name in all the earth;... 

"...and we are especially thankful this day to give honor for a faithful servant, Senator 
Henson P. Barnes, who has served in the Legislature over eighteen years and four of 
which he was Senator Pro Tempore. And we thank You for his service and all who serve 
Thee faithfully in government. And we ask Your blessings upon this nation, this State. 
It's in Your name we pray. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, June 24, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

INTRODUCTION OF RESOLUTION 

Senator Winner offers a motion that Rule 40 be suspended to allow the introduction of 
the following Senate simple resolution, which motion prevails by a two-thirds majority 
vote. 

By Senators Winner, Soles, Royall, Richardson, Walker, Basnight, Hunt, Cooper, 
Shaw, Murphy, Ballance, Goldston, Johnson, Cochrane, Daughtry, Carpenter, Smith, 
Forrester, Carter, Martin of Guilford, Martin of Pitt, Conder, Allran, Hyde, Tally, 
Sands, Blackmon, Simpson, Seymour, Perdue, Parnell, Daniel, Marvin, Plyler, Odom, 
Plexico, Ward, Pollard, Kincaid, Block, Bryan, Speed, Sherron, Kaplan, Warren, 
Hartsell, Raynor, Staton, and Lee: 

S.R. 1260, a Senate simple resolution honoring Henson Perrymoore Barnes, 
President Pro Tempore of the Senate, and proclaiming Henson Perrymoore Barnes Day 
in the Senate. 

With unanimous consent, on motion of Senator Winner, the Senate simple resolution 
is placed before the Senate for immediate consideration for adoption. 

With unanimous consent, on motion of Senator Winner, the Senate simple resolution 
is read in its entirety and is ordered spread upon the Journal, as follows: 

Whereas, Henson Perrymoore Barnes was born in Bladen County on November 18, 
1934, to Reverend Lalon L. and Mable Cumbee Barnes; and 



June 25, 1992 



1992] SENATE JOURNAL 153 

Whereas, Henson P. Barnes was educated at Garland High School, Wilmington 
College, and the University of North Carolina at Chapel Hill, where he received a 
Bachelor of Arts degree in 1959 and a Juris Doctor degree in 1961; and 

Whereas, Henson P. Barnes served honorably in the United States Army as a 
paratrooper from 1953 to 1956 and for his distinguished service, received citations and 
letters of commendation from Battalion, Regimental, and Divisional Commands; and 

Whereas, Henson P. Barnes married Kitty Allen on August 27, 1961, and from their 
union came two daughters, Mrs. Rebecca Richards and Ms. Amy Barnes; and 

Whereas, Henson P. Barnes is a successful attorney and farmer; and 

Whereas, Henson P. Barnes is a partner in the Goldsboro law firm of Barnes, 
Braswell, Haithcock and Warren; and 

Whereas, Henson P. Barnes served on the Energy Policy Council and the Courts 
Commission and has been active in many community, civic, and fraternal organizations, 
including the Masonic Order, Shriners, Elks, American Legion, Moose Lodge, Civitan 
Club, the Goldsboro Jaycees, as President, Woodmen of the World, serving as National 
Trustee, and the Goldsboro Rescue Squad as Legal Advisor; and 

Whereas, Henson P. Barnes has been active in professional and agricultural organiza- 
tions, serving as a member of the Wayne County Bar Association, the North Carolina 
Bar Association, the North Carolina Academy of Trial Lawyers, the American Bar 
Association, and serving on the Board of Governors of the North Carolina Bar 
Association, the Board of Directors of the North Carolina Blueberry Association, and 
the Board of Directors of the North Carolina Grape Growers Association; and 

Whereas, Henson P. Barnes' honors and awards, too numerous to be listed herein, 
include Outstanding Legislator Awards from a number of organizations; the 1987 
National Environmental Award, presented by former President Ronald Reagan; the 
1985 United States Great American Family of the Year Award, presented by former first 
lady Nancy Reagan; Man of the Year from Woodmen of the World in 1985; an Honorary 
Doctor of Humane Letters Degree from William Carter College in 1979; the Robert H. 
Futrelle Good Government Award in 1975; Outstanding Jaycee President, Southeast 
Region in 1964; and Outstanding Young Man Award for Goldsboro in 1963; and 

Whereas, Henson P. Barnes has served his church, First Baptist Church of 
Goldsboro, as Deacon and Sunday School Teacher, and, as a member of the Budget and 
Finance Board; and 

Whereas, Henson P. Barnes has been an important member of the Democratic Party, 
serving as Chairman of the Wayne County Democratic Party and former President of the 
Wayne County Young Democrats; and 

Whereas, Henson P. Barnes was elected to and served in the North Carolina House of 
Representatives from 1975 to 1977, and as a member of the North Carolina Senate from 
1977 to 1992; and 

Whereas, while serving in the General Assembly, Henson P. Barnes has served with 
distinction on and chaired numerous committees and has served as President Pro 
Tempore of the Senate from 1989 to 1992; and 

Whereas, Henson P. Barnes has provided the leadership that has helped the North 
Carolina Senate develop into an independent and self-governing body; and 

Whereas, Henson P. Barnes is a highly respected member of the North Carolina 
Senate and is often referred to by his colleagues on the Senate floor as a "lawyer's 
lawyer" and the "conscience of the Senate"; and 

Whereas, Henson P. Barnes provided the insight and the leadership which resulted in 
the North Carolina Air Cargo Airport Authority Act; and 

Whereas, Henson P. Barnes has continued to provide the legislative leadership nec- 
essary to ensure the development of the Global TransPark; and 

Whereas, Henson P. Barnes is admired by members of his profession, community, 
and State; and 

Whereas, Henson P. Barnes deserves to be recognized by the members of the North 
Carolina Senate for his distinguished public service; 



June 25, 1992 



154 SENATE JOURNAL [Second Session 

Now, therefore, be it resolved by the Senate: 

Section 1. The Senate honors the accomplishments of Henson Perrymoore Barnes, 
President Pro Tempore of the Senate, and proclaims June 25, 1992, as "Henson 
Perrymoore Barnes Day." 

Sec. 2. The Principal Clerk shall transmit a certified copy of this resolution to Senator 
Henson P. Barnes. 

Sec. 3. This resolution is effective upon adoption. 

The Chair extends courtesies of the floor to members of Senator Barnes' family; to his 
wife, Kitty Barnes; to his daughters Amy Barnes and Rebecca Richards; and to his 
son-in-law, David Richards. 

The Chair extends courtesies of the gallery to other members of Senator Barnes' 
family as follows: Clyde Barnes, Roger Barnes, Doris Carter, Amanda Evans, Faye 
Dunnaway, Edgar Barnes, Donna Jackson, Beth Barnes, and Elizabeth Barnes. 

With unanimous consent , the Chair orders the remarks of the members speaking to the 
Senate simple resolution honoring Senator Barnes spread upon the Journal, as follows: 

By Senator Winner: 

"Thank you, Mr. President. Ladies and Gentlemen of the Senate, I do have a few 
good words to say about my compatriot, Henson Barnes, notwithstanding the fact that he 
stuck me with being Chairman of Redistricting. If I were given this speech four years 
ago, I undoubtedly would have talked about characteristics which we all know of Senator 
Barnes; of his humility, his integrity, his intelligence, his friendship, his fidelity, and 
other things, but what I want to address to you this morning deals with only one of his 
qualities. Because though there are lots of folks who have this quality, I have never seen 
it in quite the same way as I have seen it in Senator Barnes. And that is this quality of 
leadership. 

"I want to take the members of the Senate back to when Senator Barnes first became 
President Pro Tempore. You will recall that the Senate had decided that it was time that it 
changed its rules and take over the process of organizing itself. Senator Barnes, when 
that decision was made, had not been elected President Pro Tempore, but had no 
opposition; was going to be President Pro Tempore and was in control over what those 
new rules would be. Many people in here at the time, in here now, many people who had 
never been here in this Senate would have taken that opportunity to centralize the power 
given in those rules in the Office of Senator — President Pro Tempore, but he did not do 
so. And, in fact, attempted to spread the powers that we were dealing with out in 
different directions. 

"A perfect example, is the power of assigning bills which was put in the Chairman of 
the Rules Committee rather than in the Office of the President Pro Tempore. A better 
example, perhaps, is that up until that time, of course, the majority always controlled the 
appointment of minority members to what committees they were appointed and obvious- 
ly, in my opinion, the majority would have passed that again had Senator Barnes 
requested it, but he did not. He thought that the minority ought to control their own 
committee appointments and that power was put into the minority leader where, in my 
judgment, it rightfully belongs. And since that time, I think it has been Senator Barnes 
conviction and style to be inclusive to include us all in the decision making and not to 
have everything decided at the top as some prior leaders had done. I think that has made 
us all a happier body, a more co-operative body. We have worked together better as a 
team under his leadership than I have ever seen it in my ten years hers, and I think he is 
responsible for that. 

"I am going to give another example and this is an example of the fact that he did not 
try to dictate things even though he probably could have if he had been a leader of that 
style. That goes back to the short session in 1990. You all will recur we were in a budget 
crunch in that year. It was not like last year it was something controllable and you could 
deal with and was not of that kind of magnitude. Senator Barnes had a view of what 
should have been done and he tried to convince many of us to follow that view. The view 



June 25, 1992 



1992] SENATE JOURNAL 155 

did not prevail. The minority party, the majority of the minority party members in here 
and the majority of the majority party in here did not favor that view. And when Senator 
Barnes realized that, he then took the lead on the view of the consensus of the Senate; 
and that, of course, did not matter in getting it through the Senate because that was the 
consensus of the Senate. But the House had a view of the issue that was led more closely 
akin to what Senator Barnes thought to begin with, but he took the Senate position and 
led it in confrontation with the House and we prevailed. That is the kind of leader that I 
think is rare. In fact, I cannot say that I have ever seen it before and why I think this 
Body has acted, in my opinion, as a great legislative Body during the four years of his 
leadership. 

"I thought a great deal about what I wanted to say this morning and particularly 
searched for a way to close this speech so that I could give Senator Barnes a proper tribute 
as I feel. While doing that I remembered that maybe the words that fit the occasion 
already have been written. They were penned by a wonderful word-smith long ago and 
far away and they go like this, 'If you can talk with crowds and keep your virtue or walk 
with kings nor loose the common touch, if neither foes nor loving friends can hurt you, if 
all men count with you, but none too much, if you can fill the unforgiving minute with 
sixty seconds worth of distance run, yours is the earth and everything that's in it and 
which is more, you will be a man my son. ' Henson P. Barnes, quite a friend, quite a 
leader, quite a man." 

By Senator Basnight: 

"Members of this Body, Senator Winner mentioned that he was given the task of redis- 
tricting the State, and he thought that was difficult. You try the one that Henson gave 
me. When I was elected eight years ago, as many of us in this Body who came together 
can well recall, we came with a great deal of excitement. We had our vision, our wishes, 
and our dreams of what this State would and should, could become. After that first 
session, some of us on the back row and some in the front stood on the rear of this 
Chamber and we wondered why we were here, because we had played very little part in 
the deliberations and decisions that were made. We wondered if we even wanted to come 
back to a body that we had worked so hard to get to, and there was good reason for that 
because we were not a part of the process; and it seemed to continue to another year, to 
another time. We did, basically, what we were told and that was the rule of the Senate. 
And they are hard words to explain to people who haven't served here who don't recall; 
and most especially to the newer members who have been here since Henson Barnes 
made the changes that were necessary to make all North Carolinians that were elected to 
these seats a part of the process. 

"He gave us those opportunities and now we have a Body that brings from its individual 
districts the thoughts and the wishes of those people that live in this State and the oppor- 
tunity to express them through that committee process or in the halls with the Senator or 
in conversation in the many phone calls that we have all had with him. He gave us the 
freedom, he gave us the opportunity to use all our abilities to which we were given those to 
express those concerns that we have. He gave me a chance and I wonder today why but 
I'm here; and I'm doing today what I believe is right as all of us do jointly and together. 
For him, I certainly thank him and I'll always owe the man a great deal. 

"When I did come, Melvin Daniels who served in this Body for ten years told me there 
was one man that you need to look up, there's one man you need to find. And out of the 
whole Body that man was Henson Barnes. I didn't know Henson Barnes at the time. 
And I went to him, as a freshman as I was, and very humbly introduced myself. He put 
his arms around me and in the Building at that time and he give me some advice that I'll 
always cherish and always remember. And that was to keep your independence, your 
thoughts, and your expressions and use them; and don't be fearful, move forward and do 
what you believe is right regardless of the situation and I'll be there to help you wherever I 
can. And he's done that to me as he has done to many, many, many others. 

"Henson, I believe Melvin was right in saying that you were fair and you were honest 
and you were truthful, and you would do what was right for North Carolina and all its 



June 25, 1992 



156 SENATE JOURNAL [Second Session 

people at all times regardless of the outcome. My Dad said, as I grew up, and my Dad 
had no education, he was but a small cement contractor on the Outer Banks; he told me 
through life you will receive help from special people and you will look back on those 
people and you will always remember them, because without that help you will never 
achieve any of your goals. You will never become what you can. Be it that you find 
yourself in some sort of trouble , be it you have trouble in your job somewhere , whatever it 
is in the difficulties that we face in life, there will be someone to show up right in the most 
perfect of times to get you out of that dilemma. He's that kind of person that my Dad 
spoke of. He is the kind of person that is there to assist and help us. Henson, you made 
this Body better than it's ever been. You gave it it's opportunities, you gave it the life that 
it deserves and the people of North Carolina demand. You do it honestly and you do it in 
a fashion that I doubt that anybody will ever repeat. You're a wonderful human being. I 
thank you and I thank your family and good to see you up there, Eddie." 

By Senator Lee: 

"Thank you, Mr. President. Members of the Senate, we pause here for a few 
moments today to, in my opinion, respect and honor a very important person in many of 
our lives, in this not only political arena but the State. And I'm reminded of an incident 
once where Senator Barnes, a preacher, called a group of little kids up on one Sunday 
morning to give them their pre-church lecture; and he said to them I'm going to describe 
something and I want you to tell me what it is. It has a little head, little body, great big 
bushy tail. It can scamper up trees and jump from limb-to-limb, like it's flying. What is 
it? And one little boy said, it's God. And the preacher said, now, son, how in the world 
did you describe God based on what I just described to you? The little boy said because I 
know that you called us up here to talk about something more important than a squirrel. 

"We are here to honor an important person who is not quite God, but sometimes some 
of us may feel that he comes close, but he is far, far more important and far, far above a 
squirrel. 

"I met Senator Barnes, Representative Barnes, in 1976. And I was attracted to 
Henson at that time and we got to know each other during that year; 1976 was a good 
year for me. And then when I came to Raleigh as Secretary of Natural Resources I had 
the great fortune of working with Senator Barnes on a very important asset for our State, 
our State Park System. Henson, then was a strong advocate for state parks and he 
pushed harder than any person I know for funding for State Parks. And the thing that 
impressed me is that most of the time he stood alone; got very little help out of either the 
House or the Senate, pushing for those appropriations, but he was tenacious and he 
never quit. I learned to respect him then. I came to admire him then, and that was the 
beginning of a friendship for both of us. 

"I kept up with Senator Barnes during those years in between and little did I know that 
one day I would end up in the North Carolina Senate. And came back to rekindle that 
relationship with Senator Henson Barnes once more. I feel fortunate to serve in this 
Body, but I feel more fortunate to have had the opportunity to serve and work closely with 
Senator Barnes because I have found him to be a fair man. I've found him to be an 
.honest man. I found him to be a dependable man. If he says it, you can count on it. I 
have found him to be a practical man. I've found him to be a smart man, and a 
courageous man, but more importantly, above everything else, I have found him to be a 
good man. His perceptivity is second to none in that he can dissect a problem and cut 
straight to the core and offer options — for solutions. 

"I like to describe him as a smooth operator, kind of like the wine connoisseur, 
Senator Goldston, who will tell you you don't gulp wine; you don't drink wine, Senator 
Murphy, you sip it. You savor every bit of the taste. You let it soothe and go down and 
before you know it, you've risen to a high level of comfort and enjoyment. And that's 
what Henson can do to you. You move in his office and you sit with him and he makes 
you feel comfortable. He makes you feel good. He relaxes you and then before you know 
it, Senator Plyler, you have agreed to do exactly what he wanted you to do when you 
walked in that office! ! I like that kind of style. When I was a little boy, I got into an 



June 25, 1992 



1992] SENATE JOURNAL 157 

argument with some of my friends, and I remember going to my grandfather who was an 
uneducated man, Senator Basnight, and I said, they don't like me and they don't agree 
with me; and he sat me down and he said, son, nobody has to like you. It's not 
important that they agree with you but you always make them respect you. 

"Henson Barnes is a man you cannot help but like and sometimes a man with whom 
you disagree, but he's a man whom you always respect. Senator Barnes, I thank you for 
the opportunity you've given me to participate in the deliberations of this Body and as 
results of that I have no doubt that because of your support and your nurturing me to give 
me the opportunity to understand the proper operation of the North Carolina Senate 
some day I will be a good Senator. And some day historians will sit to write about these 
times which you and I have lived and I have no doubt that the name Henson Barnes will 
be among those on the pages of our history books when they write about these tough 
economic times through which we have just proceeded. 

"Senator Barnes, this State needs you. You may be leaving the Senate, but you're not 
leaving North Carolina and I have great hopes that somebody, somewhere will be smart 
enough to reach out and touch you and convince you to come back and be among us, 
because we need your style, your leadership. And finally, Mr. President, it is said that 
the greatest leaders are those who can inspire others to be the best that they can be. 
Senator Barnes, you inspired those of us to be the best Senators we can be and you've 
inspired all of those you've touched to be the best they can be. I thank you for what 
you've given us. I thank you for your leadership; and I thank you for being a friend. 

By Senator Perdue: 

"Thank you, Mr. President, and Members of the Body. Barnes, I was going to tell the 
truth about you until I saw all your family up there so I'm going to say good things too. 
Today is a really good day for North Carolina, we have an opportunity to publicly honor a 
real friend, a long time friend to all the people in this great State, Henson Perrymore 
Barnes, a country lawyer, a blueberry farmer, a loving husband and a right-good daddy. 
Don't know about the son-in-law, we'll talk about that later. A truly good religious man 
who's also been known to tell a dirty joke or two, a people person who loves to tell tales 
and he tells me he likes to philosophize. He's also a bright analytical man with deep, 
deep thoughts who can spin intricate solutions to complex problems while at the same 
time, he guises those solutions in that down-east twang so you don't know what hits you 
until you've been run over. 

"North Carolina has been blessed to have this man give of himself for eighteen years . I 
truly don't know how blessed his family has been to have lived without him as much as 
he's given. His footprints, my friends, will remain forever in this great State long after 
we're all home rocking in our rocking chairs. The convicted criminal may never know 
the name Henson Barnes, but let me tell you he'll feel the result of that tough Barnes 
legislation. A woman who might be trying to get a fair settlement during a divorce won't 
know about our friend, the Goldsboro lawyer, but she'll be better off because of the days 
he spent here with you. And when a little kid in a third grade class somewhere from 
Murphy to Manteo, goes home and tells his mama or his neighbor I like school, I like my 
teacher, Barnes' Senate Bill 2 shadow will loom across the State. And on a beautiful fall 
day, when the birds sing loudly in a North Carolina State Park, you'll feel the love and 
the leadership of Henson Barnes. 

"Today is a good day; it's not a time of farewell. Our man, Barnes, is not going far. 
He'll be back in some role or the other. He loves this State; he loves it too much to go 
home. He'll be back. And you know what, my friends, the people of this State love him 
and need him too much to say good-bye; so today to our good friend and our good leader, 
Henson Barnes, we just say thank you, and God bless, and hurry on home, but we'll 
leave the light on for you until you get back!" 

By Senator Hyde: 

"Mr. President, Fellow Senators, Ladies and Gentlemen, I feel under some constraint 
today because I don't often rise and try to tell the whole truth so I'm going to be a little bit 



June 25, 1992 



158 SENATE JOURNAL [Second Session 

held back because this is a day to tell the truth. First, let me tell you that you have heard 
some eloquent speakers; all taught by Henson Barnes to speak as they have. Secondly, 
they've been brief; he has taught brevity, I like that. And they have told the truth. For 
me to get along with a person that other person must be honest, that's first; Henson 
Barnes is. For me to be close to them, he must also be a hard worker; Henson Barnes is. 
For me to feel like a brother to them, they must have a sense of humor; Henson Barnes 
does. And there's not a lot of people in the world that has all that. In addition to that, 
too, and those on the back row please allow me to make this statement, he's a 
Democrat; I like that, too. Now that's not absolutely necessary to be friendly, but it 
helps. And I wouldn't be honest if I didn't say that, and so I admire him for the politics 
he follows. And yet, though he's partisan, I don't think even our fellow — on the back 
row, our fellow Senators, would ever say he's partisan to the point that he's done some- 
thing that he thought himself wasn't good, I don't think anybody would ever say that 
about him. And then, finally, and I'm going to try to make this brief, finally Henson 
Barnes has common sense. Now he did not choose his wife; she choose him. That's 
rather obvious I should think, but he had the good sense to give her the opportunity, the 
good common sense to do that. And he has common sense. Now common sense is not 
common at all. I've said this before; in fact, it ought to be on the endangered species 
list, there's very little of it floating around, particularly in government and in politics. 
You just don't run into it often. Henson Barnes has that. And to me, at least, that is 
what has made him the great leader he has been. That's what has made all of us his 
great friend. Because he doesn't speculate, in all these things that don't have any sense 
to it. 

"Henson Barnes has been true to himself. I seldom stand to speak without referring to 
either the Bible or Shakespeare, so forgive me for one line. From Polonius, and I've said 
this before, who was the most talkative old man on earth and he said, ' . . .brevity is the 
soul of wit. . . , ' but he did say this to his son after he lectured him for a long time, finally, 
he said, 'To thine own self, be true.' Henson Barnes is that man." 

By Senator Winner: 

"Mr. President, I know that all of the members in here would like to give verbal tribute 
to Senator Barnes, but there are lots of folks who've come a long way to also pay tribute 
to him and for that reason, I now move that we recess until 2:00 P.M. and as part of that 
motion I, Mr. President, I move that the Sergeant-at-Arms and the Sergeant-at-Arms 
Staff escort Senator Barnes and his family across the way behind the Archives Building 
where we will all follow for further festivities and tributes to Senator Barnes and that we 
reconvene here at 2:00 P.M." 

Prior to placing the motion of Senator Winner, the Chair places the question of 
adoption of the Senate simple resolution before the Senate. The Senate simple resolution 
is adopted by a roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Ward, Warren, and Winner— 48. 

Voting in the negative: None. 

Consequently, the motion of Senator Winner prevails and the Sergeant-at-Arms 
escorts Senator Barnes and his family from the Senate Chamber, followed by the 
members of the Senate, as the Senate stands in recess to reconvene at 2:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson 
Barnes, President Pro Tempore, who presides in the absence of the President of the 
Senate, Lieutenant Governor Gardner. 



June 25, 1992 



1992] SENATE JOURNAL 159 

Senator Barnes expresses his heartfelt appreciation to the members of the Senate for 
the courtesies shown him on this day, to the members of his staff, and to the members of 
the legislative staff, and to all those participating in recognizing his honor. 

Due to his absence from the morning session, Senator Daughtry offers a motion to 
suspend the rules to allow him to be recorded voting "aye" on the adoption of S. R. 1260, 
a Senate simple resolution honoring Henson Perrymoore Barnes, President Pro Tempore 
of the Senate, and proclaiming Henson Perrymoore Barnes Day in the Senate. 

With unanimous consent, the motion prevails and Senator Daughtry is recorded voting 
"aye" on the adoption of S.R. 1260. The Chair announces the vote adjusted (49-0). 

The Chair extends courtesies of the gallery to M elvin R. Daniels , Former Senator from 
Pasquotank County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 292, an act to make technical corrections in the Disability Income Plan of North 
Carolina. (Ch. 779) 

S.B. 1053, an act to cancel the school board elections for the Eden City, Western 
Rockingham City, and Rockingham County School Boards scheduled for November 
1992 and to extend terms on those Boards expiring December 1992 to June 30, 1993. 
(Ch. 780) 

H.B. 1432 (Committee Substitute), an act to set the 1992 and 1993 election calendar 
for the Anson County Board of Commissioners. (Ch. 781) 

H.B. 1649, an act to provide a procedure for an unaffiliated candidate for President 
who has qualified for ballot access to name candidates for elector and for Vice- 
President. (Ch. 782) 

H.J.R. 1651, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of Algernon 
Augustus Zollicoffer, Jr., distinguished citizen of North Carolina and former State 
Representative. (Res. 49) 

REPORT OF COMMITTEE 

A bill is reported from standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Hunt for the Election Laws Committee: 

H.B. 1548, a bill to make a technical correction in the place of filing of notices for 
candidacy for school board in Cumberland County, with a favorable report. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills, which are read the first time and disposed of, as follows: 

S.B. 740 (Committee Substitute) , a bill to grant qualified immunity to the Peer Review 
Committee of the North Carolina Chiropractic Association, for concurrence in the 
House Committee Substitute bill, which changes the title, upon concurrence, to read 
S.B. 740 (House Committee Substitute), a bill relating to runners for health care 
providers. 

Referred to Judiciary I Committee 



June 25, 1992 



160 SENATE JOURNAL [Second Session 

S. B. 1073 (House Committee Substitute) , a bill to allow counties to require prisoners 
to work on projects to benefit units of State or local government, for concurrence in the 
House Committee Substitute bill. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

H.B. 1577, a bill to prohibit hunting from public roads in Mitchell County. 
Referred to Agriculture, Marine Resources, and Wildlife Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 1176, a bill to establish by a description the boundaries for Jot-Um-Down Fire 
District in Surry County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Daniel, Daughtry, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Plexico, Plyler, Richardson, Royall, Sands, Seymour, Smith, Soles, 
Speed, Staton, Tally, Walker, Ward, Warren, and Winner— 40. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1177, a bill to establish by a description the boundaries for C.C. Camp Fire 
District in Surry County, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 41, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Daniel, Daughtry, Forrester, Goldston, Hunt, 
Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plexico, Plyler, Richardson, Royall, Sands, Seymour, 
Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner — 41. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives. 

WITHDRAWAL FROM COMMITTEE 

S.B. 726 (House Committee Substitute), a bill concerning the Workers' Compensa- 
tion Security Fund, recommitted to the Manufacturing and Labor Committee on 
June 24. 

Senator Parnell offers a motion that the rules be suspended and the House Committee 
Substitute bill be taken from the Manufacturing and Labor Committee and placed 
on the Calendar for today in its regular order of business, which motion prevails. 

The Chair orders the House Committee Substitute bill placed on the Calendar for today 
in its regular order of business, for concurrence in the House Committee Substitute bill, 
upon second reading. 

CALENDAR (Continued) 

S.B. 1124, a bill to authorize the County of Franklin to take into consideration 
prospective revenues generated by the development in arriving at the amount of consider- 
ation for an economic development conveyance. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 



June 25, 1992 



1992] SENATE JOURNAL 161 

S.B. 1161, a bill to provide for a fox trapping season in Caswell County. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1182, a bill to place a moratorium on disposition of property by the City of 
Roxboro at the Lake Roxboro Project in Caswell County under a 1989 local act, and to 
toll a statute of limitations under that act. 

Without objection, on motion of Senator Daniel, the bill is temporarily displaced. 

H.B. 1411, a bill to remove the City of Kinston's local modifications to 
G.S. 58-84-30 and G.S. 58-84-35. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1424, a bill to increase the supplemental retirement benefits for the firefighters 
of the City of Shelby. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1425, a bill to rewrite the law regarding the Lumberton Firemen's Supplemental 
Fund. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1441 (Committee Substitute), a bill to -allow the City of Mount Airy and the 
County of Ashe to take into consideration prospective revenues generated by the 
development in arriving at the amount of consideration for an economic development 
conveyance. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 1468 (Committee Substitute), a bill making a qualified exception from the 
Public Records Act for the Brunswick County Geographical Information System. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted, changing the 
title, upon concurrence, to read H.B. 1468 (Committee Substitute), a bill making a 
qualified exception from the Public Records Act for the Brunswick and Johnston 
Counties Geographical Information System. 

The Committee Substitute Bill, as amended, passes its second and third readings and 
is ordered sent to the House of Represenatives, for concurrence in Senate Amendment 
No. 1. 

H.B. 1470, a bill to authorize the Towns of Holden Beach, Sunset Beach, Long 
Beach, Topsail Beach, North Topsail Beach and Surf City to create sea turtle 
sanctuaries. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1474, a bill to prohibit hunting from public roads in Davidson County. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1486, a bill to prohibit hunting on or across State Road 1205 in Camden County. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1490, a bill to create a new offense of third-degree trespass in Iredell County. 
Without objection, on motion of Senator Lee, the bill is temporarily displaced. 

H.B. 1491, a bill to increase the fine for violation of any regulation of the Lake 
Norman Marine Commission. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1493 (Senate Committee Substitute), a bill to allow certain counties to acquire 
property for use by certain county boards of education and to authorize certain local 
boards of education to convey property to the County in connection with improvements 
and repair of the property. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 



June 25, 1992 



162 SENATE JOURNAL [Second Session 

H.B. 1535, a bill to authorize the City of Conover to take into consideration 
prospective revenues generated by the development in arriving at the amount of consider- 
ation for an economic development conveyance. 

The bill passes its second and third readings and ordered enrolled. 

H.B. 1556, a bill to rewrite the law revising and consolidating the Charter of the City 
of Lenoir as it relates to the City of Lenoir's Firemen's Supplemental Retirement Fund. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1575, a bill to modify Chapter 546 of the 1987 Session Laws to remove the 
municipalities of Apex and Fuquay-Varina from the South Wake Airport Authority. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 1576, a bill to allow Emerald Isle to regulate personal watercraft operation. 
The bill passes its second and third readings and is ordered enrolled. 

S.B. 1182, a bill to place a moratorium on disposition of property by the City of 
Roxboro at the Lake Roxboro Project in Caswell County under a 1989 local act, and to 
toll a statute of limitations under that act, temporarily displaced earlier. 

Senator Daniel offers Amendment No. 1 which is adopted (48-0), changing the title 
to read S.B. 1182, a bill relating to disposition of property by the City of Roxboro at the 
Lake Roxboro Project in Caswell County. 

The bill, as amended, passes its second (48-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 1490, a bill to create a new offense of third-degree trespass in Iredell County, 
temporarily displaced earlier. 

On motion of Senator Lee, the bill is re-referred to the Judiciary II Committee. 

S.B. 1023, a bill to change the maintenance of effort provision for the public schools 
of Robeson County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1193 (Committee Substitute), abill to authorize joint agencies to provide aid and 
assistance to municipalities and joint municipal assistance agencies as recommended by 
the Joint Legislative Utility Review Committee and to clarify the authority to invest joint 
agency funds, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 48, noes 
0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, 
Raynor, Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, 

Soles, Speed, Staton, Tally, Walker, Ward, Warren, and Winner — 48. 

Voting in the negative: None 

The Committee Substitute bill is ordered sent to the House of Representatives. 



June 25, 1992 



1992] SENATE JOURNAL 163 

S.B. 1235, a bill to change the name of the Department of Economic and Community 
Development, and to make technical and conforming amendments to various laws, as 
amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Plexico, Plyler, Raynor, Richardson, Royall, 
Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, 
Warren, and Winner — 45. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 1255 (Committee Substitute), a bill to ratify, approve, confirm, and validate all 
proceedings taken in 1991 by the governing board of any unit of local government in 
connection with the extension of the period during which bonds may be issued and to 
allow the refunding of multifamily housing bonds issued by local governments and 
nonprofit organizations, upon third reading. 

With unanimous consent, Senator Winner is excused from voting. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, noes 
0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, and Warren — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

H.B. 1322 (Senate Committee Substitute), a bill to increase the amount of beer a 
mini-brewery can sell to consumers at the brewery and to make changes to the alcoholic 
beverage laws, as amended, upon third reading. 

With unanimous consent, on motion of Senator Ballance, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 

Senator Ballance calls the previous question seconded by Senator Murphy. The call is 
sustained (44-4). 

The Senate Committee Substitute bill, as amended, passes its third reading (39-8) 
and is ordered engrossed and sent to the House of Representatives, for concurrence in the 
Senate Committee Substitute bill. 



WITHDRAWAL FROM COMMITTEE 

H.B. 1417 (Committee Substitute) , a bill to extend the corporate limits of the Village 
of Pinehurst, referred to the Finance Committee on Wednesday, June 24. 

Senator Daniel offers a motion that the rules be suspended and the Committee 
Substitute bill be taken from the Finance Committee and placed on the Calendar for 
today after H.B. 1494 , a bill to permit the County of Stanly to rename County public and 
private roads, which motion prevails. 

The Chair orders the Committee Substitute bill placed on today's Calendar after 
H.B. 1494. 



June 25, 1992 



164 SENATE JOURNAL [Second Session 

CALENDAR (Continued) 

H . B . 863 , a bill to require that at least twenty-five percent of the proceeds from bingo 
games be used for charitable purposes, as amended, upon third reading. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business. 

On motion of Senator Sands, further consideration of the bill, as amended, is 
postponed until Tuesday, June 30. 

S.B. 973, a bill to direct the Department of Administration to study and recommend 
methods for encouraging State employees to use public transit in commuting to work. 

The bill passes its second (49-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1256, a bill to clarify that local governmental entities are eligible to receive grant 
funds for domestic violence centers. 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 192, a bill recommended by the Juvenile Law Study Commission to allow 
termination of parental rights after a parent has left a child in foster care for twelve 
months without making reasonable progress towards correcting the conditions that led to 
foster care, as amended. 

Senator Odom offers Amendment No. 2 which is adopted (37-12) , changing the title, 
upon concurrence, to read H.B. 192, a bill recommended by the Juvenile Law Study 
Commission to allow termination of parental rights after a parent has left a child in foster 
care for twelve months and the court finds that no progress has been made in correcting 
the conditions that led to foster care, the parent has neither expressed nor displayed a 
serious interest in correcting those conditions, and the parent is not prevented by physical 
or mental disability from correcting those conditions. 

The bill, as amended, passes its second (40-9) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendments No. 1 and 
No. 2. 



REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

S.B. 1003, a bill to provide that contractors' inventories will be entitled to the same 
property tax exemption as manufacturers' , retailers', and wholesalers' inventories, with 
a favorable report. 

H.B. 1344, a bill to modify the provisions governing expenditure of the Hyde County 
Occupancy Tax, with a favorable report. 

H.B. 1346 (Committee Substitute), a bill to annex a described area to the Town of 
Elizabethtown, and conditionally forbid its annexation prior to the effective date of the 
legislative annexation, with a favorable report. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, upon second reading. 



June 25, 1992 



1992] SENATE JOURNAL 165 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 47, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, 
Pollard, Raynor, Richardson, Royall, Sands, Seymour, Shaw, Smith, Soles, Staton, 
Tally, Walker, Ward, Warren, and Winner— 47. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, June 29, 
for further consideration upon third reading. 

H. B. 1367, a bill to authorize the Town of Yaupon Beach to levy a room occupancy 
and tourism development tax, with a favorable report. 

H.B. 1378, a bill to authorize Washington County to levy a room occupancy and 
tourism development tax, with a favorable report. 

H.B. 1382, a bill to allow the Town of Hillsborough to raise the tax on motor vehicles, 
with a favorable report. 

H.B. 1466, a bill to authorize Hyde County to assess benefited property in advance of 
improvements to subdivision and residential streets, with a favorable report. 

H.B. 1467, a bill to allow the Town of Caswell Beach to make special assessments for 
undergrounding of utilities, with a favorable report. 

H.B. 1323 (Committee Substitute) , a bill to replace the authority of counties to retain 
their costs in collecting the State ' s share of the deed stamp tax with the authority to retain 
a fixed percentage of the revenue from that tax, with a favorable report, as amended. 

S.B. 1010, a bill to authorize the Department of Revenue to allow or require payment 
of taxes by electronic funds transfer and to appropriate funds for automation necessary to 
implement the Electronic Funds Transfer Program, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 1010 (Committee Substitute), a bill to 
authorize the Department of Revenue to allow or require payment of taxes by electronic 
funds transfer, is placed before the Senate for immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, June 29, for further consideration. 

S.B. 1113, a bill relating to general obligation bonds of the State of North Carolina, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 1113 (Committee Substitute), a bill to 
authorize the construction and financing of a capital improvements project at North 
Carolina State University at Raleigh, is placed before the Senate for immediate 
consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, June 29, for further consideration. 

S.B. 1229 (Committee Substitute) , a bill to authorize the Division of Motor Vehicles 
to issue registration plates depicting various historical attractions in North Carolina and 
providing for the distribution of the income from the sale of the plates, with an 



June 25, 1992 



166 SENATE JOURNAL [Second Session 

unfavorable report as to Committee Substitute bill No. 1 , but favorable as to Committee 
Substitute bill No. 2. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill No. 2 is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

With unanimous consent, the Committee Substitute bill No. 2 is placed on the 
Calendar for Monday, June 29, for further consideration. 

By Senator Basnight for the Appropriations Committee: 

S.B. 1093, a bill to modify the capital improvements appropriations for North 
Carolina for the 1992-93 fiscal year and to make other changes in the budget operation of 
the State, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Basnight, the rules are suspended, and the Committee 
Substitute bill, which changes the title to read S.B. 1093 (Committee Substitute) , a bill 
to modify the capital improvements appropriations for North Carolina for the 1992-93 
fiscal year, to make other changes in the budget operation of the State, to amend the 
Constitution of North Carolina, and to make conforming statutory changes, is placed 
before the Senate for immediate consideration. 

On motion of Senator Basnight, the Committee Substitute bill is adopted. 

The Chair rules the Committee Substitute bill a roll-call measure requiring a three- 
fifths majority affirmative vote. 

On motion of Senator Basnight, the Committee Substitute bill is re-referred to the 
Finance Committee. 

The Chair declares the Senate in recess at 3:00 P.M. for the purpose of committee 
meetings to reconvene at 4:00 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson P. 
Barnes, President Pro Tempore. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, the bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Ballance for the Alcoholic Beverage Control Committee: 

H.B. 465, a bill to limit the sales of malt beverages in the City of Columbia, Tyrrell 
County, with a favorable report. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.B. 556 House of Representatives 

(House Committee Substitute) June 25, 1992 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Comm. Sub. to SB. No. 556, A BILL TO BE ENTITLED AN ACT TO ALLOW 
ABSENTEE VOTING IN REFERENDA ON INCORPORATION OF A 
MUNICIPALITY, the Speaker has appointed as conferees on the part of the House, 
Representatives Michaux, Bob Hunter, Holt and Dawkins to act with a like committee 



June 25, 1992 



1992] SENATE JOURNAL 167 

on the part of the Senate to the end that the differences existing between the two bodies 
may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

With unanimous consent, on motion of Senator Daniel, the Senate recesses at 5:00 
P.M. for the purpose of committee meetings to reconvene at 5:10 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson P. 
Barnes, President Pro Tempore. 

CALENDAR (Continued) 

H.B. 357, a bill to specify the powers of the Board of Medical Examiners regarding 
real property. 

The bill passes its second (39-0) and third readings and is ordered enrolled. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Seymour for the Public Utilities Committee: 

H.B. 1464, a bill to provide that Duplin, Hertford, and Martin Counties are 
authorized to construct gas lines, with a favorable report. 

On motion of Senator Seymour, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration, upon its passage. 

Senator Soles offers Amendment No. 1 which is adopted (43-0). 

The bill, as amended, passes its second (43-0) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1. 

By Senator Lee for the Local Government and Regional Affairs Committee: 

S.B. 1147, a bill to make administrative changes to local option legislation for Dare 
County, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Lee, the rules are suspended, and the Committee Substitute bill, 
which changes the title to read S.B. 1147 (Committee Substitute), a bill to provide a 
maximum penalty for the Dare room tax and meals tax and to make clarifying changes to 
the penalties, is placed before the Senate for immediate consideration. 

On motion of Senator Lee, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, June 29, for further consideration. 

H.B. 1479, a bill to exempt Martin County from certain zoning notice requirements, 
with an unfavorable report as to bill, but favorable as to Senate Committee Substitute 
bill. 

On motion of Senator Lee, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for Monday, June 29, for further consideration. 



June 25, 1992 



168 SENATE JOURNAL [Second Session 

H.B. 172 (Senate Committee Substitute), a bill to resume electing the Tax Collector 
of Mitchell County, with a favorable report. 

With unanimous consent, on motion of Senator Kincaid, the Senate Committee 
Substitute bill is placed on the Calendar for Wednesday, July 1, for further consider- 
ation. 



CALENDAR (Continued) 

H.B. 1117 (Senate Committee Substitute), a bill to amend the law regarding the 
transfer of jurisdiction over a juvenile to superior court for trial as an adult. 

The Senate Committee Substitute bill passes its second (44-0) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 

H.B. 1334, a bill to amend the title and scope of the Agriculture, Forestry, and 
Seafood Awareness Study Commission by deleting Seafood from the Commission's title 
and area of study. 

The bill passes its second (44-0) and third (43-0) readings and is ordered enrolled. 

H.B. 1369, a bill to amend the General Statutes relating to shellfish leases. 
The bill passes its second (44-0) and third readings and is ordered enrolled. 

H.B. 1423 (Committee Substitute), a bill concerning the consent of New Hanover 
and Pender Counties with regard to certain land acquisitions in those counties. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered enrolled. 

H.B. 1494, a bill to permit the County of Stanly to rename County public and private 
roads. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted, changing the 
title, upon concurrence, to read H.B. 1494, a bill to permit the County of Stanly to 
rename County public and private roads and to make a technical correction in a similar 
act relating to Watauga County. 

The bill, as amended, passes its second (44-0) and third readings is ordered sent to 
the House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 1417 (Committee Substitute) , a bill to extend the corporate limits of the Village 
of Pinehurst, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 43, 
noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Smith, Soles, Staton, Tally, 
Walker, and Warren — 43. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, June 29, 
for further consideration upon third reading. 

S.B. 726 (House Committee Substitute), a bill concerning the Workers' Compensa- 
tion Security Fund, for concurrence in the House Committee Substitute bill, upon second 
reading. 

Without objection, on motion of Senator Sands, the House Committee Substitute bill 
is temporarily displaced. 



June 25, 1992 



1992] SENATE JOURNAL 169 

RECONSIDERATION 

H.B. 1334, a bill to amend the title and scope of the Agriculture, Forestry, and 
Seafood Awareness Study Commission by deleting Seafood from the Commission's title 
and area of study, ordered enrolled earlier today. 

Senator Speed offers a motion that the vote by which the bill passed its third reading be 
reconsidered, which motion prevails, and the question becomes passage of the measure 
upon third reading. 

On motion of Senator Speed, without objection, the bill is placed on the Calendar for 
Wednesday, July 1, for further consideration upon third reading. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business , the bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

S.B. 1093 (Committee Substitute), a bill to modify the capital improvements 
appropriations for North Carolina for the 1992-93 fiscal year, to make other changes in 
the budget operation of the State, to amend the Constitution of North Carolina, and to 
make conforming statutory changes, with a favorable report. 

CALENDAR (Continued) 

S.B. 726 (House Committee Substitute), a bill concerning the Workers' Compensa- 
tion Security Fund, for concurrence in the House Committee Substitute bill, upon second 
reading, temporarily displaced earlier. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Blackmon, Block, Bryan, 
Carpenter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Walker, and 
Warren— 42. 

Voting in the negative: None. 

The House Committee Substitute bill remains on the Calendar for Monday, June 29, 
for concurrence upon third reading. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 945 House of Representatives 

(Senate Committee Substitute) June 25, 1992 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate Comm. Sub. to HB. No. 945, A BILL TO BE 
ENTITLED AN ACT TO ADJUST FEES IN THE GENERAL COURT OF JUSTICE 
AND THE FACILITIES FEE, TO ALLOW THE PRORATING OF WATER FEES, 
AND TO ESTABLISH THE PERCENTAGE RATE FOR THE INSURANCE 
REGULATORY CHARGE AND THE PUBLIC UTILITY REGULATORY FEE and 
request conferees. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



June 25, 1992 



170 SENATE JOURNAL [Second Session 

On motion of Senator Royall, seconded by Senator Conder, the Senate adjourns at 
5:40 P.M. to meet Monday, June 29, at 8:00 P.M. 



ONE HUNDRED TWENTY-FIRST DAY 

Senate Chamber, 
Monday, June 29, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father, marathon runners call it the wall; That point in a race when neither mind nor 
body seems to function at moving the runner forward; extreme fatigue sets in, and one's 
greatest desire is to fall away on the roadside and quit the race. Yet those who have 
trained diligently find that from somewhere in their personal reservoir they summon 
enough strength for legs to keep moving and for the finish line to be achieved. 

"With much still to do, and with only partial control of the process, staff persons, 
clerks, and the senators may encounter such a wall. If that happens remind them of the 
words of Isaiah: 'Have you not known? Have you not heard? .. .they who wait for the 
Lord shall renew their strength, they shall mount up with wings like eagles, they shall run 
and not be weary, they shall walk and not faint.' 

"Thanks for the promise of strength to finish the race. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, June 
25, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Raynor, due to the death of close friends and to Senator Block. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S. B. 992, an act to permit a trust company to be acquired by a bank holding company. 
(Ch. 783) 

S.B. 1004, an act to provide for improvements in the operations of the FAIR and 
Beach Plans. (Ch. 784) 

S.B. 1066, an act to amend the title and scope of the Agriculture, Forestry, and 
Seafood Awareness Study Commission by deleting seafood from the Commission's title 
and area of study. (Ch. 785) 

S.B. 1156 (Committee Substitute), an act to allow closed-loop groundwater 
remediation systems. (Ch. 786) 

II. B. 357, an act to specify the powers of the Board of Medical Examiners regarding 
real property. (Ch. 787) 



June 29, 1992 



1992] SENATE JOURNAL 171 

H.B. 1369, an act to amend the General Statutes relating to shellfish leases. 
(Ch. 788) 

H.B. 1411, an act to remove the City of Kinston's local modifications to 
G.S. 58-84-30 and G.S. 58-84-35. (Ch. 789) 

H.B. 1423 (Committee Substitute), an act concerning the consent of New Hanover 
and Pender Counties with regard to certain land acquisitions in those counties. 
(Ch. 790) 

H.B. 1424 , an act to increase the supplemental retirement benefits for the firefighters 
of the City of Shelby. (Ch. 791) 

H.B. 1425, an act to rewrite the law regarding the Lumberton Firemen's 
Supplemental Fund. (Ch. 792) 

H.B. 1441 (Committee Substitute), an act to allow the City of Mount Airy and the 
County of Ashe to take into consideration prospective revenues generated by the develop- 
ment in arriving at the amount of consideration for an economic development 
conveyance. (Ch. 793) 

H.B. 1470, an act to authorize the Towns of Holden Beach, Sunset Beach, Long 
Beach, Topsail Beach, North Topsail Beach and Surf City to create sea turtle 
sanctuaries. (Ch. 794) 

H.B. 1474, an act to prohibit hunting from public roads in Davidson County. 
(Ch. 795) 

H.B. 1486, an act to prohibit hunting on or across State Road 1205 in Camden 
County. (Ch. 796) 

H.B. 1491, an act to increase the fine for violation of any regulation of the Lake 
Norman Marine Commission. (Ch. 797) 

H.B. 1524, an act to rewrite the law establishing the Supplementary Pension Fund for 
Firemen in the City of Sanford. (Ch. 798) 

H.B. 1535, an act to authorize the City of Conover to take into consideration 
prospective revenues generated by the development in arriving at the amount of consider- 
ation for an economic development conveyance. (Ch. 799) 

H.B. 1556 , an act to rewrite the law revising and consolidating the Charter of the City 
of Lenoir as it relates to the City of Lenoir's Firemen's Supplemental Retirement Fund. 
(Ch. 800) 

H.B. 1576, an act to allow Emerald Isle to regulate personal watercraft operation. 
(Ch. 801) 



MOTION TO SEND SPECIAL MESSAGE 

S . B . 1193 (Committee Substitute) , a bill to authorize joint agencies to provide aid and 
assistance to municipalities and joint municipal assistance agencies as recommended by 
the Joint Legislative Utility Review Committee and to clarify the authority to invest joint 
agency funds. 

With unanimous consent, on motion of Senator Johnson, the Committee Substitute 
bill, ordered sent to the House of Representatives on Thursday, June 25, is ordered sent 
by special messenger. 



June 29, 1992 



172 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

H.B. 1561, a bill to clarify the development, delegation, and injunctive relief 
provisions of the Coastal Area Management Act, with a favorable report. 

H.B. 1593, a bill to clarify the authority of the Commission for Health Services to 
adopt rules limiting the number of service connections to a public water system based on 
the quantity of water available to the system, with a favorable report. 

H.B. 1583, a bill to clarify the authority of the Department of Administration to adopt 
rules to implement the North Carolina Environmental Policy Act of 1971 and of State 
agencies to adopt rules establishing minimum criteria, with a favorable report, as 
amended. 

S.B. 1159 (Committee Substitute), a bill to repeal the requirement that long-term 
contracts entered into by local governments for the collection and disposal of non- 
hazardous solid waste must be approved by the Department of Environment, Health, and 
Natural Resources and to allow all local governments to enter into such contracts, with 
an unfavorable report as to Committee Substitute bill No. 1, but favorable as to 
Committee Substitute bill No. 2. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill No. 2, which changes the title to read S.B. 1159 (Committee Substitute No. 2), a 
bill to repeal the requirement that long-term contracts entered into by local governments 
for the collection or disposal of nonhazardous solid waste must be approved by the 
Department of Environment, Health, and Natural Resources, to establish a uniform 
maximum duration of such contracts, and to allow all local governments to enter into 
such contracts, is placed before the Senate for immediate consideration. 

On motion of Senator Tally, the Committee Substitute bill No. 2 is adopted. 

With unanimous consent, the Committee Substitute bill No. 2 is placed on the 
Calendar for tomorrow, June 30, for further consideration. 

H.B. 1545 (Committee Substitute), a bill to consolidate the regulation of wastewater 
collection, treatment, and disposal systems designed to discharge below the ground 
surface, with an unfavorable report as to Committee Substitute bill, but favorable as to 
Senate Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on her further 
motion is adopted. 

On motion of Senator Tally, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 

S.B. 61 (Committee Substitute), a bill to appoint a person to fill a vacancy on the 
Wildlife Resources Commission upon the recommendation of the President of the 
Senate-2, for concurrence in the House Committee Substitute bill, which changes the 
title, upon concurrence, to read S.B. 61 (House Committee Substitute) , a bill to appoint 
persons to various boards and commissions upon the recommendation of the President of 
the Senate. 

Referred to Rules and Operation of the Senate Committee. 



June 29, 1992 



1992] SENATE JOURNAL 173 

S.B. 682 (House Committee Substitute), a bill to amend Statutes regulating 
housemoving, for concurrence in the House Committee Substitute bill, which is placed 
on the Calendar for tomorrow, June 30. 

S.B. 997, a bill to make omnibus and technical changes to the savings institutions 
laws, for concurrence in House Amendment No. 1. 

Amendment No. 1 is held to be material and receipt of the message from the House of 
Representatives constitutes first reading. The Chair orders the measure placed on the 
Calendar for tomorrow, June 30, for concurrence, upon second reading. 

S.B. 1040 (House Committee Substitute) , a bill to modify the maximum tax limit for 
the Town of Badin and change the method of calculating limits on increases, for 
concurrence in the House Committee Substitute bill, which is placed on the Calendar for 
tomorrow, June 30. 

S.J.R. 1068, a joint resolution to commemorate the One Hundredth Anniversary of 
Forestry in North Carolina, for concurrence in the House Committee Substitute joint 
resolution, which changes the title, upon concurrence, to read S.J.R. 1068 (House 
Committee Substitute), a joint resolution honoring the life and memory of Gifford Pin- 
chot and commemorating the One Hundredth Anniversary of Forestry in North Carolina 
and in the United States, which is placed on the Calendar for tomorrow, June 30. 

H.B. 163 (Committee Substitute), a bill to provide a tax credit for the use of North 
Carolina ports. 

Referred to Finance Committee. 

H.B. 1366 (Committee Substitute), a bill to expand the school lunch sales tax 
exemption to include all school foods served by school cafeterias during the school day 
and foods sold by school cafeterias to day care centers. 

Referred to Finance Committee. 

H.B. 1454 (Committee Substitute) , a bill to establish electoral districts for the merged 
Edgecombe County Board of Education. 

On motion of Senator Martin of Pitt, the rules are suspended without objection, and 
the Committee Substitute bill is placed before the Senate for immediate consideration. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 1497, a bill relating to purchasing by the City of Winston-Salem. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1501, a bill to extend the exemption of Union County from certain statutory 
requirements in the construction of a County detention facility. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1539, a bill to change the pay date for certain employees of the Hendersonville 
City Schools, the Henderson County Schools, and the Henderson County Public 
Schools. 

Referred to Education Committee. 

H.B. 1560, a bill to modify the method of electing the County Commissioners of 
Robeson County so that the general election is within the districts previously established 
for nomination. 

Referred to Election Laws Committee. 

S.B. 185, a bill to extend the sunset on the partial tax exemption for foreign sales 
corporations and to modify Department of Revenue reporting dates in order to provide 
sufficient information for the General Assembly to decide whether to retain the tax 



June 29, 1992 



174 SENATE JOURNAL [Second Session 

exemption, for concurrence in the House Committee Substitute bill, which changes the 
title, upon concurrence, to read S.B. 185 (House Committee Substitute) , a bill concern- 
ing the taxation of corporations that attribute part of their income from the sale of certain 
export property to a foreign sales corporation. 

The House Committee Substitute bill is held to be material and receipt of the message 
from the House of Representative constitutes first reading. 

Referred to Finance Committee. 

H.B. 1504, a bill to authorize Pitt County to create rescue/emergency medical 
services protection districts. 

Referred to Finance Committee. 

H.J.R. 1660, a joint resolution honoring the life and memory of Carson Gregory, 
former member of the General Assembly. 

On motion of Senator Johnson, the rules are suspended without objection, and the 
joint resolution is placed before the Senate for immediate consideration. 

The Chair directs the Reading Clerk to read the joint resolution in its entirety. 

The joint resolution passes its second (43-0) and third readings and is ordered 
enrolled. 

The Chair extends courtesies of the gallery to family members of Carson Gregory, 
former member of the General Assembly: Frances Gregory Avery, Ronald Avery, Carra 
Avery, Ron Avery, Joe Gregory, and Alex Gregory. 

REPORT OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Conder for the Education Committee: 

S.B. 1099, a bill to establish electoral districts for the merged Edgecombe County 
Board of Education, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Conder, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, June 30, for further consideration. 

S.B. 1216, a bill to authorize certain boards of education to request and receive a 
waiver of State laws regarding funding for teacher assistants, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Conder, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 1216 (Committee Substitute) , a bill to allow the 
State Board of Education to authorize the Charlotte-Mecklenburg Board of Education to 
use funds appropriated for teacher assistants for teachers under certain circumstances, is 
placed before the Senate for immediate consideration. 

On motion of Senator Conder, the Committee Substitute bill is adopted. 

On motion of Senator Conder, the Committee Substitute bill is not sequentially 
referred to the Appropriations Committee and is ordered placed on the Calendar for 
tomorrow, June 30, for further consideration. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 



June 29, 1992 



1992] SENATE JOURNAL 175 

S.B. 999 (House Committee Substitute), a bill to amend the Medicare Supplement 
Insurance Statutes as required by federal law, for concurrence in the House Committee 
Substitute bill, which is placed on the Calendar for tomorrow, June 30. 

S.B. 1169 (Committee Substitute), a bill to clarify certain deductibles applicable to 
the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, to make 
current landowners who engage in cleanups eligible for reimbursement from the Com- 
mercial Fund, and to add two members to the Petroleum Underground Storage Tank 
Funds Council, for concurrence in House Amendment No. 1, which is placed on the 
Calendar for tomorrow, June 30. 

H.B. 916 (Committee Substitute), a bill to provide that reimbursements to local 
governments shall be provided by earmarking rather than by appropriation and to provide 
that the Fiscal Trends Study Commission shall study local government fiscal issues. 

Referred to Appropriations Committee. 

H.B. 1335 (Committee Substitute), a bill to limit the liability of farmers who allow 
gleaning. 

Referred to Judiciary I Committee. 

H.B. 1386, a bill to permit the Commissioner of Labor to impose penalties against 
public agencies for OSHA violations. 

Referred to Appropriations Committee. 

H.B. 1389, a bill to require State construction site safety study and the designation of 
safety officers on State construction sites and to require minority and women 
representation on the State Building Commission. 

Referred to Appropriations Committee. 

H.B. 1390, a bill to establish a workplace requirements program for the safety and 
health of all State employees. 

Referred to Appropriations Committee. 

H.J.R. 1604, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution authorizing the Legislative Research Commission 
to study the State of prehospital emergency cardiac care in North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 1657, a bill to abolish the North Carolina Council on Interstate Cooperation, 
which has not met since 1979. 

Referred to State Personnel and State Government Committee. 

H.B. 1661, a bill to validate the registration of instruments signed in the name of the 
register of deeds by the register's assistant or deputy and initialed by the assistant or 
deputy. 

Referred to Judiciary I Committee. 

H.J.R. 1664, a joint resolution honoring the memory of General Benjamin Smith on 
the Bicentennial of the City of Southport. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

H.B. 1346 (Committee Substitute), a bill to annex a described area to the Town of 
Elizabethtown, and conditionally forbid its annexation prior to the effective date of the 
legislative annexation, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 46, noes 
0, as follows: 



June 29, 1992 



176 SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H. B. 1417 (Committee Substitute) , a bill to extend the corporate limits of the Village 
of Pinehurst, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, noes 
0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H.B. 1367, a bill to authorize the Town of Yaupon Beach to levy a room occupancy 
and tourism development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 30, for further consider- 
ation upon third reading. 

H.B. 1378, a bill to authorize Washington County to levy a room occupancy and 
tourism development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 30, for further consider- 
ation upon third reading. 

H.B. 1382, a bill to allow the Town of Hillsborough to raise the tax on motor vehicles, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 



June 29, 1992 



1992] SENATE JOURNAL 177 

The bill is ordered placed on the Calendar for tomorrow, June 30, for further consider- 
ation upon third reading. 

H. B. 1466, a bill to authorize Hyde County to assess benefited property in advance of 
improvements to subdivision and residential streets, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 30, for further consider- 
ation upon third reading. 

H . B . 1467 , a bill to allow the Town of Caswell Beach to make special assessments for 
undergrounding of utilities, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 30, for further consider- 
ation upon third reading. 

S . B . 1147 (Committee Substitute) , a bill to provide a maximum penalty for the Dare 
room tax and meals tax and to make clarifying changes to the penalties. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 

II. B. 465, a bill to limit the sales of malt beverages in the City of Columbia, Tyrrell 
County. 

The bill passes its second and third readings and is ordered enrolled. 

RECONSIDERATION 

S.B. 1147 (Committee Substitute), a bill to provide a maximum penalty for the Dare 
room tax and meals tax and to make clarifying changes to the penalties, ordered sent to 
the House of Representatives earlier today. 

Senator Basnight offers a motion that the rules be suspended and the bill placed before 
the Senate for the purpose of offering a motion to reconsider, which motion prevails. 

Senator Basnight offers a motion that the vote by which the Committee Substitute bill 
passed its third reading be reconsidered, which motion prevails, and the question 
becomes passage of the measure upon third reading. 

Senator Basnight offers a motion that the vote by which the Committee Substitute bill 
passed its second reading be reconsidered, which motion prevails, and the question 
becomes passage of the measure upon second reading. 

The Chair rules the Committee Substitute bill requires a call of the roll and the measure 
remains before the Senate upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 



June 29, 1992 



178 SENATE JOURNAL [Second Session 

Hartsell, Hunt, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
June 30, for further consideration upon third reading. 

CALENDAR (Continued) 

H. B. 1344, a bill to modify the provisions governing expenditure of the Hyde County 
Occupancy Tax. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1479 (Senate Committee Substitute), a bill to exempt Martin County from 
certain zoning notice requirements. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 

H.B. 1548, a bill to make a technical correction in the place of filing of notices for 
candidacy for school board in Cumberland County. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 1010 (Committee Substitute), a bill to authorize the Department of Revenue to 
allow or require payment of taxes by electronic funds transfer, upon second reading. 

Without objection, on motion of Senator Winner, the Committee Substitute bill is 
temporarily displaced. 

S.B. 1093 (Committee Substitute), a bill to modify the capital improvements 
appropriations for North Carolina for the 1992-93 fiscal year, to make other changes in 
the budget operation of the State, to amend the Constitution of North Carolina, and to 
make conforming statutory changes, upon second reading. 

On motion of Senator Basnight, consideration of the Committee Substitute bill is 
postponed until tomorrow, June 30. 

S.B. 1113 (Committee Substitute), a bill to authorize the construction and financing 
of a capital improvements project at North Carolina State University at Raleigh, upon 
second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
June 30, for further consideration upon third reading. 

S.B. 1229 (Committee Substitute No. 2), a bill to authorize the Division of Motor 
Vehicles to issue registration plates depicting various historical attractions in North 
Carolina and providing for the distribution of the income from the sale of the plates, upon 
second reading. 

The Committee Substitute bill No. 2 passes its second reading by roll-call vote, ayes 
46, noes 0, as follows: 



June 29, 1992 



1992] SENATE JOURNAL 179 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill No. 2 is ordered placed on the Calendar for tomorrow, 
June 30, for further consideration upon third reading. 

S.B. 1003, a bill to provide that contractors' inventories will be entitled to the same 
property tax exemption as manufacturers', retailers', and wholesalers' inventories. 

On motion of Senator Daniel, consideration of the bill is postponed until tomorrow, 
June 30. 

H.B. 1323 (Committee Substitute) , a bill to replace the authority of counties to retain 
their costs in collecting the State ' s share of the deed stamp tax with the authority to retain 
a fixed percentage of the revenue from that tax. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (45-0) and third read- 
ings and is ordered sent to the House of Representatives, for concurrence in Senate 
Amendment No. 1. 

S.B. 726 (House Committee Substitute), a bill concerning the Workers' Compensa- 
tion Security Fund, for concurrence in the House Committee Substitute bill, upon third 
reading. 

The Senate concurs in the House Committee Substitute bill on its third reading by 
roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, 
Royall, Sands, Seymour, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 44. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

S.B. 1010 (Committee Substitute), a bill to authorize the Department of Revenue to 
allow or require payment of taxes by electronic funds transfer, upon second reading, 
temporarily displaced earlier. 

On motion of Senator Winner, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 



REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

II. B. 1349, a bill to authorize the City of Kinston to impose a tax on motor vehicles of 
up to fifteen dollars, with a favorable report. 

H.B. 1442, a bill to extend the limits of the Fleetwood and the Lansing Fire Protection 
Districts in Ashe County, with a favorable report. 



June 29, 1992 



180 SENATE JOURNAL [Second Session 

S.B. 1223 (Committee Substitute), a bill to allow the Division to issue restricted 
commercial driver licenses to seasonal drivers for certain farm-related service industries, 
and to clarify the laws governing the issuance of limited driving privileges, and to make 
amendments and technical corrections to the motor vehicles laws, with a favorable 
report, as amended. 



RE-REFERRAL 

S.B. 1105, a bill to decrease State expenditures for safekeepers by clarifying the law 
regarding the medical costs of safekeepers and by changing the law regarding the transfer 
of safekeepers to the Department of Correction, referred to the Finance Committee 
on June 23. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Finance Committee and re-referred to the Appropriations Committee, 
which motion prevails. 

The Chair order the bill re-referred to the Appropriations Committee. 



REPORTS TO GENERAL ASSEMBLY 

Agencies directed to report to the General Assembly submit reports (See Addendum) 
which are ordered placed on file in the Legislative Library, as follows: 

The North Carolina Department of Revenue submits its Revenue Comparative 
Statement of Net Collections for the months of May 1992 and 1991. 

Pursuant to G.S. 115C-81(a), the State Board of Education submits its Report on the 
Basic Education Program. 



WITHDRAWAL FROM COMMITTEE 

S.B. 531 (House Committee Substitute), a bill to provide that the Eastern Band of 
Cherokee Indians shall be eligible to: (1) be a member of a regional solid waste 
management authority, and (2) apply for financing a project with a loan from the North 
Carolina Solid Waste Management Capital Projects Financing Authority, recommitted 
to the Finance Committee on July 9, 1991. 

Senator Daniel offers a motion that the rules be suspended and the House Committee 
Substitute bill be taken from the Finance Committee and placed before the Senate for 
immediate consideration, which motion prevails. 

The Chair orders the House Committee Substitute bill placed before the Senate for 
immediate consideration for concurrence in the House Committee Substitute bill upon 
second reading. 

The Senate fails to concur in the House Committee Substitute bill on its second reading 
by roll-call vote, ayes 0, noes 45, as follows: 

Voting in the affirmative: None. 

Voting in the negative: Senators Allran, Ballance, Basnight, Blackmon, Carpenter, 
Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, Hartsell, 
Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 45. 

Senator Plexico offers a motion that the Senate do appoint conferees, which motion 
prevails. 

The President Pro Tempore takes the appointment of conferees under advisement. 



June 29, 1992 



1992] SENATE JOURNAL 181 

The President recognizes the following pages serving in the Senate this week: Javon 
Allen, Durham; William Anderson, New Bern; Brandon Peay Ashcraft, Monroe; 
Susan R. Boger, Mocksville; Jeffrey Scott Brown, Charlotte; Tanicia Coleman, 
Raleigh; Lorraine Dockery, Waynesville; Jonathan Alan Goad, Raleigh; Jackie 
Griffith, Raleigh; Christopher Steven Hinkle, Lexington; Amanda Leigh James, 
Robersonville; Natalie L. King, Raleigh; Kristi Jean Koonts, Lexington; Michelle L. 
Lawrence, Waxhaw; Meredith Paige Lovelace, Rocky Mount; David Cooper McCoy, 
Durham; James Thomas McMillan, Cary; Todd D. Moore, Raleigh; Lesley Powell, 
Waynesville; Melissa Hannah Powers, Lumberton; Burkley Ritch, Raleigh; Suzanne 
Michelle Rouse, Greenville; David Tennant, Raleigh; MarkThigpen, Washington; Jodi 
Leigh Thomas, Hampstead; William E. Tillitt, Louisburg; Lindsay Vaughn, Cary; 
Leslie Nichole Vlaservich, Dallas; John Allen West, Raleigh; and Brent McCallum 
Wright, Raleigh. 

On motion of Senator Royall, seconded by Senator Johnson, the Senate adjourns at 
9:15 P.M. to meet tomorrow, June 30, at 1:30 P.M. 



ONE HUNDRED TWENTY-SECOND DAY 

Senate Chamber, 
Tuesday, June 30, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God of Reconciliation, it happens more often than we care to admit; we walk away 
from the negotiating table at which very important issues are being considered, wishing 
like Your prophet, NAHUM, that we might dance on our adversaries' graves rather than 
accede to their demands. 

"We say it's a matter of principle, when viewed with the clarity that only retrospect 
offers, we have learned that what we considered non-negotiable principles, sometimes, 
were, and having returned to the table, we discovered that the sacrifices made were both 
in Your and our neighbors' best interest. 

"Show us how to be peacemakers. To Your glory. Amen." 

Senator Royall, Deputy President Pro Tempore, announces the Journal of yesterday, 
June 29, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Perdue, who is serving as a pallbearer. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 726 (House Committee Substitute), an act concerning the Workers' Compensa- 
tion Security Fund. (Ch. 802) 

S.B. 1072, an act to set the Rural Electrification Authority regulatory fee for the 
1992-93 fiscal year and to require the General Assembly to enact legislation setting the 



June 30, 1992 



182 SENATE JOURNAL [Second Session 

fee in future fiscal years only if the fee is to be higher than the fee set for the 1992-93 
fiscal year. (Ch. 803) 

H.B. 217 (Senate Committee Substitute), an act to create a new offense of stalking. 
(Ch. 804) 

H.B. 465, an act to limit the sales of malt beverages in the City of Columbia, Tyrrell 
County. (Ch. 805) 

H.B. 1344 , an act to modify the provisions governing expenditure of the Hyde County 
Occupancy Tax. (Ch. 806) 

H.B. 1346 (Committee Substitute), an act to annex a described area to the Town of 
Elizabethtown, and conditionally forbid its annexation prior to the effective date of the 
legislative annexation. (Ch. 807) 

H.B. 1417 (Committee Substitute), an act to extend the corporate limits of the 
Village of Pinehurst. (Ch. 808) 

H.B. 1454 (Committee Substitute), an act to establish electoral districts for the 
merged Edgecombe County Board of Education. (Ch. 809) 

H.B. 1548, an act to make a technical correction in the place of filing of notices for 
candidacy for school board in Cumberland County. (Ch. 810) 

S.J.R. 1194, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to modify the procedure for property tax 
appeals before the Property Tax Commission from appraisal and listing decisions and to 
levy a fee for filing an appeal to the Property Tax Commission. (Res. 50) 

S.J.R. 1209, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to remove the requirement that a person be 
a resident of the State in order to obtain a hunting and fishing guide license. (Res. 51) 

S.J.R. 1258, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide for a maintenance of funds 
appropriated by the Board of County Commissioners to the local current expense fund of 
local school administrative units in fiscal year 1992-93 before merger becomes effective 
on July 1, 1993, if the merger did not require approval of the Board of County 
Commissioners. (Res. 52) 

H. J.R. 1660, a joint resolution honoring the life and memory of Carson Gregory, 
former member of the General Assembly. (Res. 53) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Block for the Pensions and Retirement Committee: 

H.B. 31 (Committee Substitute), a bill to permit injured firemen to receive disability 
payments under the North Carolina Local Governmental Employees' Retirement System 
after one year's service and to allow for disability benefit if death occurs prior to 
retirement, with a favorable report, as amended. 

Pursuant to Rule 45.1, the Committee Substitute bill is placed before the Senate for 
immediate consideration and Committee Amendment No. 1 is adopted. 



June 30, 1992 



1992] SENATE JOURNAL 183 

With unanimous consent, the Committee Substitute bill, as amended, is re-referred to 
the Appropriations Committee. 

H.B. 1566, a bill to increase the benefits of the Henderson Firemen's Supplemental 
Retirement System, with a favorable report, as amended. 

By Senator Tally for the Environment and Natural Resources Committee: 

H.B. 1596 (Committee Substitute), a bill to expand the application of the North 
Carolina Environmental Policy Act of 1971 to include the use of public land and to clarify 
the purpose and review process for environmental documents, with a favorable report. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 945 House of Representatives 

(Senate Committee Substitute) June 29, 1992 

Mr. President: 

It is ordered that a message be sent informing your Honorable Body that the House of 
Representatives has reconsidered the vote by which it failed to concur in the Senate 
Committee Substitute for HB 945 "A BILL TO BE ENTITLED AN ACT TO ADJUST 
FEES IN THE GENERAL COURT OF JUSTICE AND THE FACILITIES FEE, TO 
ALLOW THE PRORATING OF WATER FEES, AND TO ESTABLISH THE 
PERCENTAGE RATE FOR THE INSURANCE REGULATORY CHARGE AND 
THE PUBLIC UTILITY REGULATORY FEE". The House therefore rescinds it's 
request for conferees. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



EXECUTIVE ORDERS 

Executive Orders received (See Appendix) are presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 169, Criminal Record Checks of Applicants for Direct 
Care Positions Within the Department of Human Resources. 

Referred to State Personnel and State Government Committee. 



REPORTS TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(See Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to the North Carolina Trails System Act, the North Carolina Department of 
Environment, Health, and Natural Resources submits its Biennial Report of the North 
Carolina Trails System for Fiscal Years 1989-1990 and 1990-1991. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

June 30, 1992 



184 SENATE JOURNAL [Second Session 

H . B . 1442, a bill to extend the limits of the Fleetwood and the Lansing Fire Protection 
Districts in Ashe County. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business. 

The Chair rules the bill requires a call of the roll. 

On motion of Senator Sands, consideration of the bill is postponed until Thursday, 
July 2. 

S. B. 1099 (Committee Substitute) , a bill to establish electoral districts for the merged 
Edgecombe County Board of Education. 

With unanimous consent, on motion of Senator Martin of Pitt, the Committee 
Substitute bill is taken up out of its regular order of business. 

On motion of Senator Martin of Pitt, the Committee Substitute bill is recommitted to 
the Education Committee. 

S.B. 1147 (Committee Substitute), a bill to provide a maximum penalty for the Dare 
room tax and meals tax and to make clarifying changes to the penalties, upon third 
reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 37, noes 
0, as follows: 

Voting in the affirmative: Senators Ballance, Blackmon, Block, Bryan, Carpenter, 
Carter, Cochrane, Conder, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Lee, Martin of Pitt, Marvin, Murphy, Odom, Plyler, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 37. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

H. B. 1367, a bill to authorize the Town of Yaupon Beach to levy a room occupancy 
and tourism development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Blackmon, Block, Bryan, Carpenter, 
Carter, Cochrane, Conder, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Lee, Martin of Pitt, Marvin, Murphy, Odom, Plyler, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 1378, a bill to authorize Washington County to levy a room occupancy and 
tourism development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Blackmon, Block, Bryan, Carpenter, 
Carter, Cochrane, Conder, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Lee, Martin of Pitt, Marvin, Murphy, Odom, Plyler, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 1382, a bill to allow the Town of Hillsborough to raise the tax on motor vehicles, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 36, noes 1, as follows: 
Voting in the affirmative: Senators Ballance, Blackmon, Block, Bryan, Carpenter, 
Carter, Cochrane, Conder, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Lee, Martin of Pitt, Marvin, Murphy, Odom, Plyler, Richardson, Sands, 



June 30, 1992 



1992] SENATE JOURNAL 185 

Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 36. 

Voting in the negative: Senator Royall— 1. 

The bill is ordered enrolled. 

H. B. 1466, a bill to authorize Hyde County to assess benefited property in advance of 
improvements to subdivision and residential streets, upon third reading. 

Without objection, on motion of Senator Kaplan, the bill is temporarily displaced. 

H.B. 1467, a bill to allow the Town of Caswell Beach to make special assessments for 
undergrounding of utilities, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Blackmon, Block, Bryan, Carpenter, 
Carter, Cochrane, Conder, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Lee, Martin of Pitt, Marvin, Murphy, Odom, Plyler, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 1349, a bill to authorize the City of Kinston to impose a tax on motor vehicles of 
up to fifteen dollars, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 38, noes 2, as follows: 

Voting in the affirmative: Senators Ballance, Basnight, Block, Carpenter, Carter, 
Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, Odom, Plexico, Plyler, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner— 38. 

Voting in the negative: Senators Bryan and Royall— 2. 

The bill is ordered placed on the Calendar for tomorrow, July 1, for further consider- 
ation upon third reading. 

H.B. 1436, a bill to amend the charter of the City of Raleigh to allow for contracts 
with federal agencies to assist other governments. 

On motion of Senator Sherron, consideration of the bill is postponed until Thursday, 
July 2. 

S.B. 1040 (House Committee Substitute), a bill to modify the maximum tax limit for 
the Town of Badin and change the method of calculating limits on increases, for 
concurrence in the House Committee Substitute bill, upon second reading. 

The Senate concurs in the House Committee Substitute bill on second reading by roll- 
call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Basnight, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hunt, 
Hyde, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, Odom, Parnell, Plexico, 
Plyler, Pollard, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Tally, Walker, Ward, and Winner— 41. 

Voting in the negative: None. 

The House Committee Substitute bill remains on the Calendar for tomorrow, July 1, 
for further consideration upon third reading. 

S.B. 1113 (Committee Substitute), a bill to authorize the construction and financing 
of a capital improvements project at North Carolina State University at Raleigh, upon 
third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 43, noes 
0, as follows: 

Voting in the affirmative: Senators Ballance, Basnight, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 



June 30, 1992 



186 SENATE JOURNAL [Second Session 

Hartsell, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plexico, Plyler, Pollard, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Warren, and 
Winner — 43. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 1229 (Committee Substitute No. 2), a bill to authorize the Division of Motor 
Vehicles to issue registration plates depicting various historical attractions in North 
Carolina and providing for the distribution of the income from the sale of the plates , upon 
third reading. 

Senator Cochrane offers Amendment No. 1 which is adopted (46-0). 

Without objection, on motion of Senator Winner, the Committee Substitute bill No. 2, 
as amended, is temporarily displaced. 

S.B. 1093 (Committee Substitute), a bill to modify the capital improvements 
appropriations for North Carolina for the 1992-93 fiscal year, to make other changes in 
the budget operation of the State, to amend the Constitution of North Carolina, and to 
make conforming statutory changes, upon second reading. 

Without objection, on motion of Senator Basnight, the Committee Substitute bill is 
temporarily displaced. 

S.B. 1003, a bill to provide that contractors' inventories will be entitled to the same 
property tax exemption as manufacturers', retailers', and wholesalers' inventories. 

The bill passes its second (46-1) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1229 (Committee Substitute No. 2), a bill to authorize the Division of Motor 
Vehicles to issue registration plates depicting various historical attractions in North Car- 
olina and providing for the distribution of the income from the sale of the plates, as 
amended, upon third reading, temporarily displaced earlier. 

Senator Winner offers Amendment No. 2 which is adopted (46-0). 

The Committee Substitute bill No. 2, as amended, passes its third reading by roll-call 
vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 
Forrester, Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of 
Pitt, Marvin, Murphy, Odom, Parnell, Plexico, Plyler, Pollard, Raynor, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Ward, Warren, and Winner — 48. 

Voting in the negative: None. 

The Committee Substitute bill No. 2, as amended, is ordered engrossed and sent to the 
House of Representatives. 

S.B. 1159 (Committee Substitute No. 2), a bill to repeal the requirement that long- 
term contracts entered into by local governments for the collection or disposal of 
nonhazardous solid waste must be approved by the Department of Environment, Health, 
and Natural Resources, to establish a uniform maximum duration of such contracts, and 
to allow all local governments to enter into such contracts. 

On motion of Senator Sands, consideration of the Committee Substitute bill No. 2 is 
postponed until Thursday, July 2. 

S.B. 1216 (Committee Substitute), a bill to allow the State Board of Education to 
authorize the Charlotte-Mecklenburg Board of Education to use funds appropriated for 
teacher assistants for teachers under certain circumstances. 

The Committee Substitute bill passes its second reading (32-15). 



June 30, 1992 



1992] SENATE JOURNAL 187 

Senator Smith objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, July 1, for further consideration, upon 
third reading. 

S.B. 1223 (Committee Substitute), a bill to allow the Division to issue restricted 
commercial driver licenses to seasonal drivers for certain farm-related service industries, 
and to clarify the laws governing the issuance of limited driving privileges, and to make 
amendments and technical corrections to the motor vehicles laws. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second reading (46-0). 

Senator Sands objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, July 1, for further consideration, upon 
third reading. 

H.B. 519 (Senate Committee Substitute), a bill requiring employers to reimburse 
employment agency fees under certain circumstances. 

The Senate Committee Substitute bill passes its second (47-0) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 

H.B. 978 (Senate Committee Substitute), a bill to protect forestry operations from 
nuisance suits under certain circumstances. 

The Senate Committee Substitute bill passes its second (47-0) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 

H.B. 1561, a bill to clarify the development, delegation, and injunctive relief 
provisions of the Coastal Area Management Act. 

The bill passes its second reading (42-1). 

Senator Royall objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, July 1, for further consideration, upon 
third reading. 

H.B. 1583, a bill to clarify the authority of the Department of Administration to adopt 
rules to implement the North Carolina Environmental Policy Act of 1971 and of State 
agencies to adopt rules establishing minimum criteria. 

On motion of Senator Tally, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (28-16). 

Senator Staton objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, July 1, for further consideration, upon 
third reading. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 945 (Senate Committee Substitute) , an act to adjust fees in the General Court of 
Justice and the facilities fee, to allow the prorating of water fees, and to establish the 
percentage rate for the insurance regulatory charge and the public utility regulatory fee. 
(Ch. 811) 

S.J.R. 1107 (Committee Substitute), a joint resolution authorizing the 1991 General 
Assembly, 1992 Session, to consider a bill to be entitled an act to amend the definition of 
inventories in the Machinery Act to include certain computer software. (Res. 54) 



June 30, 1992 



188 SENATE JOURNAL [Second Session 

CALENDAR (Continued) 

H.B. 1593, a bill to clarify the authority of the Commission for Health Services to 
adopt rules limiting the number of service connections to a public water system based on 
the quantity of water available to the system. 

The bill passes its second (43-0) and third readings and is ordered enrolled. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, the bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Murphy for the Human Resources Committee: 

S. B. 1259, a bill to extend the grandfather clause application deadline to October 31 , 
1992, with a favorable report. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 

S.B. 1031 (House Committee Substitute), a bill to incorporate Woodlake Village in 
Moore County, subject to a referendum, for concurrence in the House Committee 
Substitute bill. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1546 (Committee Substitute) , a bill to revise and consolidate the Charter of the 
Town of St. Pauls. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR (Continued) 

H.B. 863 , a bill to require that at least twenty-five percent of the proceeds from bingo 
games be used for charitable purposes, as amended, upon third reading. 

Senator Kaplan offers Amendment No. 2 which is adopted (42-0). 

On motion of Senator Sands, further consideration of the bill, as amended, is 
postponed until Thursday, July 2. 

S.B. 997, a bill to make omnibus and technical changes to the savings institutions 
laws, for concurrence in House Amendment No. 1, upon second reading. 

The Senate concurs in House Amendment No. 1 on its second reading by roll-call 
vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Murphy, Odom, Parnell, Plexico, Plyler, Pollard, Raynor, 
Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Walker, Warren, and Winner— 46. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, July 1 , for further consideration upon 
third reading. 

S.B. 682 (House Committee Substitute), a bill to amend Statutes regulating house- 
moving, for concurrence in the House Committee Substitute bill. 

With unanimous consent, Senator Johnson is excused from voting for the stated 
reason: "My law firm represents clients that have a direct interest in the bill as changed 
by the House." 



June 30, 1992 



1992] SENATE JOURNAL 189 

The Senate concurs in the House Committee Substitute bill (43-0) and the measure is 
ordered enrolled. 

S.B. 999 (House Committee Substitute), a bill to amend the Medicare Supplement 
Insurance Statutes as required by federal law, for concurrence in the House Committee 
Substitute bill. 

The Senate concurs in the House Committee Substitute bill (46-0) and the measure is 
ordered enrolled. 

S.J.R. 1068 (House Committee Substitute), a joint resolution honoring the life and 
memory of Gifford Pinchot and commemorating the One Hundredth Anniversary of 
Forestry in North Carolina and in the United States, for concurrence in the House 
Committee Substitute joint resolution. 

The Senate concurs in the House Committee Substitute joint resolution (45-0) and the 
measure is ordered enrolled. 

S.B. 1169 (Committee Substitute), a bill to clarify certain deductibles applicable to 
the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, to make 
current landowners who engage in cleanups eligible for reimbursement from the 
Commercial Fund, and to add two members to the Petroleum Underground Storage Tank 
Funds Council, for concurrence in House Amendment No. 1. 

With unanimous consent, Senator Smith is excused from voting on the measure. 

The Senate concurs in House Amendment No. 1 (44-0) and the measure is ordered 
enrolled. 

H. B. 1466, a bill to authorize Hyde County to assess benefited property in advance of 
improvements to subdivision and residential streets, upon third reading, temporarily 
displaced earlier. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Murphy, Parnell, Plexico, Plyler, Pollard, Raynor, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, 
Walker, Warren, and Winner — 45. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 1223 (Committee Substitute), a bill to allow the Division to issue restricted 
commercial driver licenses to seasonal drivers for certain farm-related service industries, 
and to clarify the laws governing the issuance of limited driving privileges, and to make 
amendments and technical corrections to the motor vehicles laws, as amended, upon 
third reading, placed earlier today on the Calendar for tomorrow, July 1. 

With unanimous consent, on motion of Senator Daughtry, the Senate reconsiders and 
the Committee Substitute bill is taken from the Calendar for tomorrow, July 1, and is 
placed on the Calendar for Thursday, July 2. 

S.B. 1093 (Committee Substitute), a bill to modify the capital improvements 
appropriations for North Carolina for the 1992-93 fiscal year, to make other changes in 
the budget operation of the State, to amend the Constitution of North Carolina, and to 
make conforming statutory changes, upon second reading, temporarily displaced 
earlier. 

On motion of Senator Daniel, consideration of the bill is postponed until tomorrow, 
July 1. 

Without objection, on motion of Senator Royall, the Senate recesses at 3:25 P.M. to 
reconvene at 4:00 P.M. 



June 30, 1992 



190 SENATE JOURNAL [Second Session 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 



CALENDAR (Continued) 

H . B . 863 , a bill to require that at least twenty-five percent of the proceeds from bingo 
games be used for charitable purposes, as amended, upon third reading, placed earlier 
today on the Calendar for Thursday, July 2. 

With unanimous consent, on motion of Senator Kaplan, the Senate reconsiders and 
the bill is taken from the Calendar for Thursday, July 2, and placed before the Senate for 
immediate consideration. 

Senator Kaplan offers a motion that the vote by which Amendment No. 2 was adopted 
be reconsidered, which motion prevails, and the question becomes the adoption of 
Amendment No. 2. 

With unanimous consent, Senator Kaplan withdraws Amendment No. 2. 

On motion of Senator Kaplan, further consideration of the bill, as amended, is 
postponed until Thursday, July 2. 



REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, the joint 
resolutions are read by their titles, together with the reports accompanying them, and 
take their place on the Calendar, as follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 1257, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of the Honorable 
Joseph Branch, former Chief Justice of the North Carolina Supreme Court and State 
legislator, with a favorable report. 

H.J.R. 1604, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution authorizing the Legislative Research Commission 
to study the State of prehospital emergency cardiac care in North Carolina, with a 
favorable report. 

H.J.R. 1648, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide that the Veterans' Affairs 
Commission shall issue rules for the awarding of the North Carolina Services Medal to 
veterans who have served in any war, with a favorable report. 

H.J.R. 1653, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide for enforcement for parking 
violations on publicly owned parking lots in Fayetteville, with a favorable report. 

H.J.R. 1654, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of James Forrest 
Penny, Jr., former member of the North Carolina House of Representatives, with a 
favorable report. 

H.J.R. 1664, a joint resolution honoring the memory of General Benjamin Smith on 
the Bicentennial of the City of Southport, with a favorable report. 

Without objection, on motion of Senator Kaplan, the Senate recesses at 4:10 P.M. to 
reconvene at 5:00 P.M. 



June 30, 1992 



1992] SENATE JOURNAL 191 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 

INTRODUCTION OF BILL 

Senator Royall offers a motion that Rule 40 be suspended to allow the introduction of 
the following bill, which motion prevails by a two-thirds majority vote. 

By Senators Royall, Daniel, Goldston, and Hunt: 

S.B. 1264, a bill to amend the definition of inventories in the Machinery Act to 
include certain computer software. 
Referred to Finance Committee. 

Without objection, on motion of Senator Barnes, the Senate recesses at 5:20 P.M. to 
reconvene at 7:30 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill, which is read the first time and disposed of, as follows: 

H.B. 1245 (Committee Substitute), a bill to make modifications in the base budget 
and expansion budget appropriations for current operations of State departments, 
institutions, and agencies, for the 1992-93 fiscal year, to extend certain expiring budget 
provisions, and for other purposes. 

On motion of Senator Barnes, without objection, the House Committee Substitute bill 
is placed before the Senate for immediate consideration. 

The House Committee Substitute bill passes its second (32-0) and third readings and 
is ordered enrolled. 

CALENDAR (Continued) 

S.B. 1159 (Committee Substitute No. 2), a bill to repeal the requirement that long- 
term contracts entered into by local governments for the collection or disposal of 
nonhazardous solid waste must be approved by the Department of Environment, Health, 
and Natural Resources, to establish a uniform maximum duration of such contracts, and 
to allow all local governments to enter into such contracts, placed earlier today on the 
Calendar for Thursday, July 2. 

With unanimous consent, on motion of Senator Sands, the Senate reconsiders and the 
Committee Substitute bill No. 2 is taken from the Calendar for Thursday, July 2, and 
placed before the Senate for immediate consideration. 

Senator Sands offers Amendment No. 1 which is adopted (34-0). 

The Committee Substitute bill No. 2, as amended, passes its second (35-1) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 1245 (Committee Substitute), an act to make modifications in the base budget 
and expansion budget appropriations for current operations of State departments, 



June 30, 1992 



192 SENATE JOURNAL [Second Session 

institutions, and agencies, for the 1992-93 fiscal year, to extend certain expiring budget 
provisions, and for other purposes. (Ch. 812) 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill, which is read the first time and disposed of, as follows: 

S.B. 1127, a bill to extend the exemption of Union County from certain statutory 
requirements in the construction of a County detention facility, for concurrence in the 
House Committee Substitute bill, which changes the title, upon concurrence, to read 
S.B. 1127 (House Committee Substitute), a bill to extend the exemption of Union 
County and to exempt Burke County from certain statutory requirements in the construc- 
tion of County detention facilities, which is placed on the Calendar for tomorrow, July 1 . 

On motion of Senator Barnes, seconded by Senator Murphy, the Senate adjourns at 
8:00 P.M. to meet tomorrow, July 1, at 1:30 P.M. 



ONE HUNDRED TWENTY-THIRD DAY 

Senate Chamber, 
Wednesday, July 1, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, forgive us for approaching You with such timidity when we need real 
answers to tough problems. Too often, we come like a young child approaching a parent 
with the request to spend the night with a friend. We come defeated, with heads down, 
expecting a negative reply. 

"Remind us of Abraham, who not only came boldly to Your throne, but also bartered 
with You for the well-being of the righteous people of his nephew's city. 

"Let us all be brave then as we approach Your throne today regarding matters of this 
Legislature. There we will receive mercy and find grace and answers to help just when we 
need it most. We need Your help today! Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, June 30, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Daughtry, who is "out of the territory." 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 682 (House Committee Substitute), an act to amend Statutes regulating house- 
moving. (Ch. 813) 



July 1, 1992 






1992] SENATE JOURNAL 193 

S.B. 972, an act to permit public transportation authorities and regional public 
transportation authorities to receive annual sales tax refunds. (Ch. 814) 

S.B. 999 (House Committee Substitute), an act to amend the Medicare Supplement 
Insurance Statutes as required by federal law. (Ch. 815) 

S.B. 1129 (Committee Substitute), an act to extend the North Carolina Sentencing 
and Policy Advisory Commission and to adjust its reporting dates and membership ac- 
cordingly. (Ch. 816) 

S.B. 1169 (Committee Substitute), an act to clarify certain deductibles applicable to 
the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, to make 
current landowners who engage in cleanups eligible for reimbursement from the 
Commercial Fund, and to add two members to the Petroleum Underground Storage Tank 
Funds Council. (Ch. 817) 

H. B. 515 (Committee Substitute) , an act to impose a penalty of one hundred dollars 
for speeding in certain highway work zones. (Ch. 818) 

H.B. 530 (Senate Committee Substitute), an act making various amendments to 
Chapter 85B and Chapter 20 of the General Statutes relating to auctions and auctioneers. 
(Ch. 819) 

H.B. 1367 , an act to authorize the Town of Yaupon Beach to levy a room occupancy 
and tourism development tax. (Ch. 820) 

H.B. 1378, an act to authorize Washington County to levy a room occupancy and 
tourism development tax. (Ch. 821) 

H.B. 1382, an act to allow the Town of Hillsborough to raise the tax on motor 
vehicles. (Ch. 822) 

H.B. 1440, an act to provide that future elections for the Office of Mayor of Burgaw 
shall be for four-year terms. (Ch. 823) 

H.B. 1466, an act to authorize Hyde County to assess benefited property in advance 
of improvements to subdivision and residential streets. (Ch. 824) 

H.B. 1467, an act to allow the Town of Caswell Beach to make special assessments 
for undergrounding of utilities. (Ch. 825) 

H.B. 1593, an act to clarify the authority of the Commission for Health Services to 
adopt rules limiting the number of service connections to a public water system based on 
the quantity of water available to the system. (Ch. 826) 

S.J.R. 1068 (House Committee Substitute), a joint resolution honoring the life and 
memory of Gifford Pinchot and commemorating the One Hundredth Anniversary of 
Forestry in North Carolina and in the United States. (Res. 55) 

S.J.R. 1243, a joint resolution authorizing the 1991 General Assembly, Regular 
Session 1992, to consider a bill to be entitled an act to clarify the exclusion of nonpublic 
schools from the day care law. (Res. 56) 

S.J.R. 1254, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to authorize the North Carolina State 
Board of Dental Examiners to collect a special fee from North Carolina licensed dentists, 
with the resulting funds to be used to pay expenses of newly authorized State-sanctioned 
peer review organizations to operate programs for impaired dentists. (Res. 57) 

EXECUTIVE ORDER 

An Executive Order received (See Appendix) is presented to the Senate, read, and 
referred to committee, as follows: 



July 1, 1992 



194 SENATE JOURNAL [Second Session 

Executive Order Number 170, Amendment to Executive Orders Number 151, 
Governor's Advisory Commission on Military Affairs and Number 163, Amendment to 
Executive Order Number 151. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Speed for the Agriculture, Marine Resources, and Wildlife 
Committee: 

H. B. 1520, a bill to prohibit hunting from the right-of-way of certain roads in Craven 
County, with a favorable report. 

H.B. 1577, a bill to prohibit hunting from public roads in Mitchell County, with a 
favorable report. 

By Senator Conder for the Education Committee: 

H.B. 47 (Committee Substitute), a bill supporting the efforts of teachers to control 
their classes and requiring parents to assist in disciplining their children at school, with 
an unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Conder, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title, upon concurrence, to read H.B. 47 (Senate 
Committee Substitute) , a bill to create safer schools by supporting the efforts of teachers 
to control their classes and requiring parents to assist in disciplining their children at 
school; and by making it unlawful for a parent to allow a minor child to possess a firearm 
on school property, for a person to keep a firearm where a minor may obtain it and carry 
it on school property, and for a person to dispose of a firearm to a minor, is placed before 
the Senate for immediate consideration. 

On motion of Senator Conder, the Senate Committee Substitute bill is adopted, and on 
his further motion is re-referred to the Judiciary II Committee. 

H.B. 1361, a bill to create an educational leadership task force to identify how to best 
select, train, evaluate, assess, and regulate the State's educational leaders, with a 
favorable report. 

H.B. 1521, a bill to change the name of the New Bern-Craven County Schools to the 
Craven County Schools, with a favorable report. 

H.B. 1557, a bill to allow Iredell County to acquire property for use by the County 
Boards of Education and to authorize Boards of Education in Iredell County to convey 
property to the County in connection with improvements and repair of the property, with 
a favorable report. 

By Senator Daniel for the Finance Committee: 

S.B. 185 (House Committee Substitute), a bill concerning the taxation of 
corporations that attribute part of their income from the sale of certain export property to 
a foreign sales corporation, with a favorable report as to concurrence. 

S.B. 1264, a bill to amend the definition of inventories in the Machinery Act to 
include certain computer software, with a favorable report. 



July 1, 1992 






1992] SENATE JOURNAL 195 

H. B. 1324 (Committee Substitute) , a bill to clarify the statutes governing income tax 
returns and tax filing extensions and to authorize the Secretary of Revenue to allow 
paperless tax filing extensions and electronic filing of income tax returns, with a 
favorable report. 

H.B. 1350, a bill to make technical and administrative changes relating to property 
taxes on motor vehicles, with a favorable report. 

On motion of Senator Daniel, the bill is placed on the Calendar for Tuesday, July 7, 
for further consideration. 

H, B. 1406, a bill to divide the Flatwoods Fire District in Harnett County into two fire 
districts — the Flatwoods Rural Fire District and the Bunnlevel Rural Fire Insurance 
District, with a favorable report. 

H.B. 1504, a bill to authorize Pitt County to create rescue/emergency medical 
services protection districts, with a favorable report. 

H.B. 1573, a bill to incorporate the Town of Boardman in Columbus County, subject 
to a referendum, with a favorable report. 

H.B. 1320 (Committee Substitute), a bill to clarify that the scrap tire disposal tax 
does not apply to new tires placed on newly manufactured vehicles, with a favorable 
report, as amended. 

H.B. 1446 (Committee Substitute), a bill to allow cities and counties to use property 
taxes to support public transportation without calling a referendum, with a favorable 
report, as amended. 

H.B. 810 (Senate Committee Substitute), a bill to annex specified property in the 
Town of Carthage in Moore County, with an unfavorable report as to Senate Committee 
Substitute bill No. 1, but favorable as to Senate Committee Substitute bill No. 2. 

On motion of Senator Daniel, the rules are suspended and the Senate Committee 
Substitute bill No. 2 which changes the title, upon concurrence, to read H.B. 810 
(Senate Committee Substitute No. 2), a bill to permit the Town of Catawba to annex 
areas lying within the corporate boundaries of that Town, is placed before the Senate for 
immediate consideration. 

On motion of Senator Daniel, the Senate Committee Substitute bill No. 2 is adopted. 

With unanimous consent, the Senate Committee Substitute bill No. 2 is placed on the 
Calendar for tomorrow, July 2, for further consideration. 

H.B. 1321 (Committee Substitute) , a bill to make technical and clarifying changes to 
the revenue laws and related statutes, with an unfavorable report as to Committee 
Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, July 2, for further consideration. 

By Senator Raynor for the Veteran and Military Affairs, Law Enforcement, 
and Senior Citizens Committee: 

S. B. 1073 (House Committee Substitute) , a bill to allow counties to require prisoners 
to work on projects to benefit units of State or local government, with a favorable report 
as to concurrence. 

S.B. 1160, a bill to authorize Alamance County to place nonviolent misdemeanants 
incarcerated in the Alamance County Jail to work on public works without the direct 
supervision of the sheriff, with a favorable report. 



July 1, 1992 



196 SENATE JOURNAL [Second Session 

By Senator Lee for the Local Government and Regional Affairs Committee: 

H.B. 1485, a bill relating to the furnishing of bonds of officials of Currituck County, 
with a favorable report. 

H.B. 1499 (Committee Substitute), a bill authorizing the appointment of a special 
Board of Equalization and Review for Durham County, with a favorable report. 

H.B. 1522, a bill to provide the council-manager form of government in the Town of 
Cornelius, with a favorable report. 

H.B. 1527 (Committee Substitute) , a bill to annex certain territory into the corporate 
limits of the Town of Farmville, with a favorable report. 

On motion of Senator Lee, the Committee Substitute bill is re-referred to the Finance 
Committee. 

H.B. 1531, a bill to authorize the Bladen County Board of Education to convey 
certain real property to the Bladenboro Historical Society, with a favorable report. 

H.B. 1546 (Committee Substitute) , a bill to revise and consolidate the Charter of the 
Town of St. Pauls, with a favorable report. 

H.B. 1569, a bill to authorize Boards of Education in Richmond County to convey 
property to the County in connection with improvements and repair of the property, with 
a favorable report. 

H.B. 1579, a bill to modify the Raleigh Civil Service Act concerning political activity, 
so that general law will apply, with a favorable report. 

H.B. 1567, a bill to exempt Surry County from certain statutory requirements in the 
construction of an animal shelter facility, with a favorable report, as amended. 

S.B. 1031 (House Committee Substitute), a bill to incorporate Woodlake Village in 
Moore County, subject to a referendum, with a favorable report as to concurrence. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Carpenter: 

S.B. 1261 , a bill to remove the requirement that a person be a resident of the State in 
order to obtain a hunting and fishing guide license. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Daniel: 

S.B. 1262, a bill to modify the procedure for property tax appeals before the Property 
Tax Commission from appraisal and listing decisions and to levy a fee for filing an appeal 
to the Property Tax Commission. 

Referred to Finance Committee. 

By Senator Allran: 

S.R. 1263, a Senate simple resolution honoring the founders of Catawba County on 
its Sesquicentennial Celebration. 

On motion of Senator Allran, the Senate simple resolution is placed before the Senate 
for immediate consideration. 

On motion of Senator Allran, the Senate simple resolution is adopted (41-0). (The 
text of this resolution appears in the Appendix.) 



July 1, 1992 



1992] SENATE JOURNAL 197 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 

H.B. 1656, a bill to make various technical amendments to the General Statutes as 
recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

H.J.R. 1669, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the City of Jacksonville on being named 
an All America City. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

H.B. 1349, a bill to authorize the City of Kinston to impose a tax on motor vehicles of 
up to fifteen dollars, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Bryan, 
Carpenter, Carter, Cochrane, Conder, Daniel, Forrester, Goldston, Hartsell, Hunt, 
Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Richardson, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 44. 

Voting in the negative: Senator Royall— 1. 

The bill is ordered enrolled. 

S.B. 1093 (Committee Substitute), a bill to modify the capital improvements 
appropriations for North Carolina for the 1992-93 fiscal year, to make other changes in 
the budget operation of the State, to amend the Constitution of North Carolina, and to 
make conforming statutory changes. 

With unanimous consent, on motion of Senator Daniel, the Committee Substitute bill 
is taken up out of its regular order of business. 

On motion of Senator Daniel, consideration of the Committee Substitute bill is 
postponed until tomorrow, July 2. 

H.B. 1596 (Committee Substitute), a bill to expand the application of the North 
Carolina Environmental Policy Act of 1 97 1 to include the use of public land and to clarify 
the purpose and review process for environmental documents. 

With unanimous consent, on motion of Senator Staton, the Committee Substitute bill 
is taken up out of its regular order of business. 

Without objection, on motion of Senator Staton, the Committee Substitute bill is 
placed on the Calendar for today after H.B. 1583, a bill to clarify the authority of the 
Department of Administration to adopt rules to implement the North Carolina Environ- 
mental Policy Act of 1971 and of State agencies to adopt rules establishing minimum 
criteria. 

H.B. 172 (Senate Committee Substitute), a bill to resume electing the Tax Collector 
of Mitchell County. 

Pursuant to Rule 42, on motion of Senator Daniel, the Senate Committee Substitute 
bill is re-referred to the Finance Committee. 

H.B. 1566, a bill to increase the benefits of the Henderson Firemen's Supplemental 
Retirement System. 

On motion of Senator Block, Committee Amendment No. 1 is adopted. 

The bill , as amended, passes its second (43-0) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1. 



July 1, 1992 



198 SENATE JOURNAL [Second Session 

S.B. 1040 (House Committee Substitute) , a bill to modify the maximum tax limit for 
the Town of Badin and change the method of calculating limits on increases, for concur- 
rence in the House Committee Substitute bill, upon third reading. 

The Senate concurs in the House Committee Substitute bill on third reading by 
roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Forrester, Hartsell, 
Hyde, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, and Winner — 43. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

S.B. 1127 (House Committee Substitute), a bill to extend the exemption of Union 
County and to exempt Burke County from certain statutory requirements in the construc- 
tion of County detention facilities, for concurrence in the House Committee Substitute 
bill. 

The Senate concurs in the House Committee Substitute bill (45-0) and the measure is 
ordered enrolled. 

S.J.R. 1257, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of the Honorable 
Joseph Branch, former Chief Justice of the North Carolina Supreme Court and State 
legislator. 

The joint resolution passes its second (47-0) and third readings and is ordered sent to 
the House of Representatives. 

COURTESIES OF THE FLOOR 

The Chair recognizes Senator Tally who offers a motion the rules be suspended to 
grant courtesies of the floor to Heidi Sue Williams, Miss North Carolina, which motion 
prevails. The Chair appoints Senator Tally, Senator Barnes, and Senator Kincaid to 
escort Miss Williams to the Well of the Senate. Senator Barnes introduces Heidi Sue 
Williams, Miss North Carolina, and she briefly addresses the members of the Senate. 
The appointed Senators escort Miss Williams from the Chamber. 

The Chair recognizes Senator Marvin who offers a motion the rules be suspended to 
grant courtesies of the floor to Dixie Abernathy, North Carolina Teacher of the Year, 
which motion prevails. The Chair appoints Senator Marvin, Senator Forrester, and 
Senator Barnes to escort the honored guest to the Well of the Senate, where she briefly 
addresses the membership. The appointed Senators escort Ms. Abernathy from the 
Chamber. 



CALENDAR (Continued) 

S.B. 1259, a bill to extend the grandfather clause application deadline to October 31 , 
1992. 

The bill passes its second (43-0) and third readings and is ordered sent to the House of 
Representatives. 



COMMITTEE OF THE WHOLE 

With unanimous consent, on motion of Senator Barnes, President Pro Tempore, 
seconded by Senator Marvin, the Senate resolves into a Committee of the Whole Senate 



July 1, 1992 



1992] SENATE JOURNAL 199 

for the purpose of receiving a progress report on the Conference Committee on 
H.B. 1340 (Senate Committee Substitute), a bill to modify the Appropriations and 
Budget Revenue Act of 1991, as amended, and to make other changes in the budget 
operation of the State. 

The President of the Senate relinquishes the gavel to the President Pro Tempore. 

The Senate rises from the Committee of the Whole and the President of the Senate, the 
Honorable James C. Gardner, Lieutenant Governor, assumes the gavel. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 

H. J.R. 1671, a joint resolution honoring the life and memory of Algernon Augustus 
Zollicoffer, Jr. , distinguished citizen of North Carolina and former State Representative. 

On motion of Senator Royall, without objection, the joint resolution is placed before 
the Senate for immediate consideration. 

The Chair directs the Reading Clerk to read the joint resolution in its entirety. 

The joint resolution passes its second reading (44-0) and third reading with members 
standing, and is ordered enrolled. 

The Chair extends courtesies of the gallery to members of the family of Augustus 
Zollicoffer Jr. , former member of the House of Representatives; Jane Zollicoffer, his 
widow; Ellen Zollicoffer, his daughter; Julia Royall, Kenneth Royall III, Jere Royall, 
Julia Bryan Royall, Penny Royall, Mary Barnett, and Melville Broughton, his cousins. 

CALENDAR (Continued) 

H.J.R. 1604, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution authorizing the Legislative Research Commission 
to study the State of prehospital emergency cardiac care in North Carolina. 

The joint resolution passes its second (40-1) and third readings and is ordered 
enrolled. 

H.J.R. 1648, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide that the Veterans' Affairs 
Commission shall issue rules for the awarding of the North Carolina Services Medal to 
veterans who have served in any war. 

The joint resolution passes its second (40-1) and third readings and is ordered 
enrolled. 

H.J.R. 1653, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide for enforcement for parking 
violations on publicly owned parking lots in Fayetteville. 

The joint resolution passes its second (40-1) and third readings and is ordered 
enrolled. 

H.J.R. 1654, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of James Forrest 
Penny, Jr., former member of the North Carolina House of Representatives. 

The joint resolution passes its second (40-1) and third readings and is ordered 
enrolled. 

H.J.R. 1664 , a joint resolution honoring the memory of General Benjamin Smith on 
the Bicentennial of the City of Southport. 

The joint resolution passes its second (43-0) and third readings and is ordered 
enrolled. 



July 1, 1992 



200 SENATE JOURNAL [Second Session 

S.B. 1216 (Committee Substitute), a bill to allow the State Board of Education to 
authorize the Charlotte-Mecklenburg Board of Education to use funds appropriated for 
teacher assistants for teachers under certain circumstances, upon third reading. 

The Committee Substitute bill passes its third reading (31-10) and is ordered without 
objection on motion of Senator Odom, sent to the House of Representatives by special 
messenger. 

H.B. 1334, a bill to amend the title and scope of the Agriculture, Forestry, and 
Seafood Awareness Study Commission by deleting Seafood from the Commission's title 
and area of study, upon third reading. 

The bill passes its third reading (42-0) and is ordered enrolled. 

H.B. 1561, a bill to clarify the development, delegation, and injunctive relief 
provisions of the Coastal Area Management Act, upon third reading. 
The bill passes its third reading (43-0) and is ordered enrolled. 

H.B. 1583, a bill to clarify the authority of the Department of Administration to adopt 
rules to implement the North Carolina Environmental Policy Act of 1971 and of State 
agencies to adopt rules establishing minimum criteria, as amended, upon third reading. 

The bill passes its third reading (43-0) and is ordered sent to the House of 
Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 1596 (Committee Substitute), a bill to expand the application of the North 
Carolina Environmental Policy Act of 1 97 1 to include the use of public land and to clarify 
the purpose and review process for environmental documents. 

Senator Staton offers Amendment No. 1 which is adopted (45-0). 

Senator Bryan offers Amendment No. 2 which he subsequently withdraws. 

The Committee Substitute bill, as amended, passes its second reading (46-1). 

Senator Staton objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, July 2, for further consideration, upon 
third reading. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 1040 (House Committee Substitute) , a bill to modify the maximum tax limit for 
the Town of Badin and change the method of calculating limits on increases. (Ch. 827) 

S.B. 1127 (House Committee Substitute), a bill to extend the exemption of Union 
County and to exempt Burke County from certain statutory requirements in the construc- 
tion of County detention facilities. (Ch. 828) 

CALENDAR (Continued) 

S.B. 997, a bill to make omnibus and technical changes to the savings institutions 
laws, for concurrence in House Amendment No. 1, upon third reading. 

The Senate concurs in House Amendment No. 1 on its third reading by roll-call vote, 
ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Forrester, Goldston, 
Hartsell, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Richardson, Royall, 
Sands, Seymour, Shaw, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, 
Warren, and Winner — 45. 

Voting in the negative: None. 

The Chair orders the bill enrolled. 



July 1, 1992 



1992] SENATE JOURNAL 201 

REPORT OF COMMITTEES 

A standing committee report is submitted out of the regular order of business, the bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Lee for the Local Government and Regional Affairs Committee: 

H.B. 1550, a bill to authorize Rockingham County to establish noise districts and to 
regulate noise within those districts, with a favorable report. 

On motion of Senator Barnes, seconded by Senator Carpenter, the Senate adjourns at 
3:50 P.M. to meet tomorrow, July 2, at 1:30 P.M. 



ONE HUNDRED TWENTY-FOURTH DAY 

Senate Chamber, 
Thursday, July 2, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God of Grace and God of Glory, the task of ratifying a calendar full of legislative bills 
on this day seems a very long way away from a quiet walk at sunrise on the beach or 
viewing a colorful sunset beyond the Smokies. 

"What is going on here seems to have so little to do with upcoming events like 
Independence Day parades, watched by adults and children in North Carolina's cities, 
towns and communities or a 4th of July picnic and watermelon cutting by a local 
congregation under a shady water oak tree. 

"But, what goes on in the General Assembly today, oh God, is very much a part of that 
living mural painted by the people of this State. Especially during this time when we 
celebrate our Independence, remind Your servants that what they do sets the framework 
and parameters of that mural, guaranteeing continued rights, justice and freedom for the 
people of our State. 

"Guide them safely home to participate in those local scenes with a sense of 
accomplishment in their roles . For freedom You have set us free . God bless our country , 
our State, and our people. Amen." 

Senator Royall, Deputy President Pro Tempore, announces the Journal of yesterday, 
July 1, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, on motion of Senator Barnes, all bills and resolutions 
ordered sent to the House of Representatives through adjournment sine die are ordered 
sent by special messenger. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



July 2, 1992 



202 SENATE JOURNAL [Second Session 

S.B. 997, an act to make omnibus and technical changes to the savings institutions 
laws. (Ch. 829) 

S.B. 1048, an act to rewrite the law regarding the Charlotte Firefighters' Retirement 
System. (Ch. 830) 

S.B. 1078, an act to abolish the Office of City Treasurer of the City of Monroe. 
(Ch. 831) 

S.B. 1126, an act to allow Franklin County to acquire property for use by the County 
Boards of Education. (Ch. 832) 

S.B. 1142, an act to transfer the North Carolina Firemen's and Rescue Squad 
Workers' Pension Fund from the Department of State Auditor to the Department of State 
Treasurer, and to make the State Treasurer the chairman of the Board of Trustees of the 
Pension Fund. (Ch. 833) 

S.B. 1146, an act to provide an election procedure for midterm vacancies in Tabor 
City. (Ch. 834) 

S.B. 1152, an act to change the pay date for certain employees of the Pitt County 
Schools. (Ch. 835) 

S.B. 1202, an act to clarify the public enterprise law with respect to the adoption and 
enforcement of utility system ordinances. (Ch. 836) 

H.B. 846 (Senate Committee Substitute), an act to amend and make technical 
corrections to various insurance laws and to clarify the uninsured and underinsured 
motorists law. (Ch. 837) 

H.B. 1349, an act to authorize the City of Kinston to impose a tax on motor vehicles 
of up to fifteen dollars. (Ch. 838) 

H.B. 1561, an act to clarify the development, delegation, and injunctive relief 
provisions of the Coastal Area Management Act. (Ch. 839) 

S.J.R. 1249, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to amend the method of selecting members 
of the North Carolina Sheriffs' Education and Training Standards Commission 
appointed by the North Carolina Sheriffs' Association. (Res. 58) 

H.J.R. 1604, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution authorizing the Legislative Research Commission 
to study the State of prehospital emergency cardiac care in North Carolina. (Res. 59) 

H.J.R. 1648, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide that the Veterans' Affairs 
Commission shall issue rules for the awarding of the North Carolina Services Medal to 
veterans who have served in any war. (Res. 60) 

H.J.R. 1653, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to provide for enforcement for parking 
violations on publicly owned parking lots in Fayetteville. (Res. 61) 

H.J.R. 1654, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring the life and memory of James Forrest 
Penny, Jr. , former member of the North Carolina House of Representatives. (Res. 62) 

H.J.R. 1664, a joint resolution honoring the memory of General Benjamin Smith on 
the Bicentennial of the City of Southport. (Res. 63) 



July 2, 1992 



1992] SENATE JOURNAL 203 

H. J.R. 1671, a joint resolution honoring the life and memory of Algernon Augustus 
Zollicoffer, Jr. , distinguished citizen of North Carolina and former State Representative. 
(Res. 64) 

REPORTS OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Judiciary I Committee: 

H.B. 1335 (Committee Substitute), a bill to limit the liability of farmers who allow 
gleaning, with a favorable report. 

H.B. 1661, a bill to validate the registration of instruments signed in the name of the 
register of deeds by the register's assistant or deputy and initialed by the assistant or 
deputy, with a favorable report. 

S.B. 740 (House Committee Substitute), a bill relating to runners for health care 
providers, with a favorable report as to concurrence. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Daniel: 

S.B. 1265, a bill to clarify the exclusion of nonpublic schools from the day care law. 

Referred to Education Committee. 

By Senator Johnson: 

S.B. 1266, a bill to authorize the North Carolina State Board of Dental Examiners to 
collect a special fee from North Carolina licensed dentists, with the resulting funds to be 
used to pay expenses of newly authorized State-sanctioned peer review organizations to 
operate programs for impaired dentists. 

Referred to Finance Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 

S.B. 145 (Committee Substitute), a bill to require a county to transfer the scrap tire 
fees received by the county to any unit of local government that operates the scrap tire 
disposal site, when a county designates a unit of local government other than that county 
to provide a site for the disposal of scrap tires, for concurrence in the House Committee 
Substitute bill No. 2, which changes the title, upon concurrence, to read S.B. 145 
(House Committee Substitute No. 2), a bill to change the requirement that twenty-five 
percent of plastic bags be recycled to a goal, to extend the date on which twenty-five 
percent of certain polystyrene foam products must be recycled, to authorize counties to 
include fees for subsurface discharge wastewater management systems and services on 
property tax bills, and to allow regional solid waste management authorities to manage 
nonhazardous sludges on the same basis as individual units of local government. 

Referred to Environment and Natural Resources Committee 

S.B. 1033 (Committee Substitute), a bill requiring traffic signs and other traffic 
control devices placed on a municipal street system street to conform to the appearance 



July 2, 1992 



204 SENATE JOURNAL [Second Session 

criteria of the manual on uniform traffic control devices, for concurrence in House 
Amendment No. 1, which is placed on the Calendar for Monday, July 6. 

S.B. 1125 (Committee Substitute) , a bill to provide that Franklin County is authorized 
to construct gas lines, for concurrence in House Amendment No. 1, which changes the 
title, upon concurrence, to read S.B. 1125 (Committee Substitute) , a bill to provide that 
Franklin and Northampton Counties are authorized to construct gas lines, which is 
placed on the Calendar for Monday, July 6. 

S.B. 1150 (House Committee Substitute), a bill to allow Union County to create Fire 
Protection Districts in which fire protection is funded by fees rather than taxes, for 
concurrence in the House Committee Substitute bill, which is placed on the Calendar for 
Monday, July 6. 

H.B. 1498, a bill relating to investments of the City of Winston-Salem. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 1585 (Committee Substitute) , a bill to annex a noncontiguous area to the City of 
Brevard, and to correct an annexation of the Town of Long View. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to Finance Committee. 

H.B. 1587, a bill to authorize Transylvania County to regulate roads within unified 
developments. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 1662, a bill to allow certain advertising signs along the right-of-way of State 
highways. 

Referred to Transportation Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

H.B. 1406, a bill to divide the Flatwoods Fire District in Harnett County into two fire 
districts — the Flatwoods Rural Fire District and the Bunnlevel Rural Fire Insurance 
District, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, 
Carpenter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plexico, Pollard, Royall, Sands, Seymour, Simpson, Smith, Soles, Staton, Tally, 
Walker, Ward, Warren, and Winner — 36. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 6, for further 
consideration upon third reading. 

H.B. 1442, a bill to extend the limits of the Fleetwood and the Lansing Fire Protection 
Districts in Ashe County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, 
Carpenter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plexico, Pollard, Royall, Sands, Seymour, Simpson, Smith, Soles, Staton, Tally, 
Walker, Ward, Warren, and Winner — 36. 

Voting in the negative: None. 

Without objection, on motion of Senator Sands, the bill is ordered placed on the 
Calendar for Thursday, July 9, for further consideration upon third reading. 



July 2, 1992 



1992] SENATE JOURNAL 205 

H.B. 1499 (Committee Substitute), a bill authorizing the appointment of a special 
Board of Equalization and Review for Durham County, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 36, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, 
Carpenter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plexico, Pollard, Royall, Sands, Seymour, Simpson, Smith, Soles, Staton, Tally, 
Walker, Ward, Warren, and Winner— 36. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, July 6, 
for further consideration upon third reading. 

H.B. 1504, a bill to authorize Pitt County to create rescue/emergency medical 
services protection districts, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 36, noes as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, 
Carpenter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plexico, Pollard, Royall, Sands, Seymour, Simpson, Smith, Soles, Staton, Tally, 
Walker, Ward, Warren, and Winner— 36. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 6, for further 
consideration upon third reading. 

H.B. 1546 (Committee Substitute) , a bill to revise and consolidate the Charter of the 
Town of St. Pauls, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 36, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, 
Carpenter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plexico, Pollard, Royall, Sands, Seymour, Simpson, Smith, Soles, Staton, Tally, 
Walker, Ward, Warren, and Winner— 36. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, July 6, 
for further consideration upon third reading. 

H.B. 1573, a bill to incorporate the Town of Boardman in Columbus County, subject 
to a referendum, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, 
Carpenter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hunt, Hyde, Johnson, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plexico, Pollard, Royall, Sands, Seymour, Simpson, Smith, Soles, Staton, Tally, 
Walker, Ward, Warren, and Winner— 36. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 6, for further 
consideration upon third reading. 

H.B. 1569, a bill to authorize Boards of Education in Richmond County to convey 
property to the County in connection with improvements and repair of the property. 

With unanimous consent, on motion of Senator Murphy, the bill is taken up out of its 
regular order of business and subsequently temporarily displaced. 



July 2, 1992 



206 SENATE JOURNAL [Second Session 

H.B. 1550, a bill to authorize Rockingham County to establish noise districts and to 
regulate noise within those districts. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business and subsequently temporarily displaced. 

H.B. 1557, a bill to allow Iredell County to acquire property for use by the County 
Boards of Education and to authorize Boards of Education in Iredell County to convey 
property to the County in connection with improvements and repair of the property. 

With unanimous consent, on motion of Senator Bryan, the bill is taken up out of its 
regular order of business and subsequently temporarily displaced. 

H.B. 1567, a bill to exempt Surry County from certain statutory requirements in the 
construction of an animal shelter facility. 

With unanimous consent, the Chair orders the bill be taken up out of its regular order 
of business and subsequently temporarily displaces the bill. 

S.B. 1160, a bill to authorize Alamance County to place nonviolent misdemeanants 
incarcerated in the Alamance County Jail to work on public works without the direct 
supervision of the sheriff. 

On motion of Senator Daniel, consideration of the bill is postponed until Monday, 
July 6. 

H.B. 810 (Senate Committee Substitute No. 2), a bill to permit the Town of Catawba 
to annex areas lying within the corporate boundaries of that Town. 

The Senate Committee Substitute bill No. 2 passes its second and third readings and is 
ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill No. 2 by special messenger. 

H.B. 1436, a bill to amend the charter of the City of Raleigh to allow for contracts 
with federal agencies to assist other governments. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1485, a bill relating to the furnishing of bonds of officials of Currituck County. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 1520, a bill to prohibit hunting from the right-of-way of certain roads in Craven 
County. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1521, a bill to change the name of the New Bern-Craven County Schools to the 
Craven County Schools. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1522, a bill to provide the council-manager form of government in the Town of 
Cornelius. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1531, a bill to authorize the Bladen County Board of Education to convey 
certain real property to the Bladenboro Historical Society. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 1577, a bill to prohibit hunting from public roads in Mitchell County. 
The bill passes its second and third readings and is ordered enrolled. 



July 2, 1992 



1992] SENATE JOURNAL 207 

H. B. 1579, a bill to modify the Raleigh Civil Service Act concerning political activity, 
so that general law will apply. 

The bill passes its second and third readings and is ordered enrolled. 

RE-REFERRAL 

H.B. 1386, a bill to permit the Commissioner of Labor to impose penalties against 
public agencies for OSHA violations, referred to the Appropriations Committee on 
June 29, 1992. 

Senator Basnight offers a motion that the rules be suspended and the bill be taken from 
the Appropriations Committee and re-referred to the Judiciary II Committee, 
which motion prevails. 

The Chair orders the bill re-referred to the Judiciary II Committee. 

CALENDAR (Continued) 

S.B. 1093 (Committee Substitute), a bill to modify the capital improvements 
appropriations for North Carolina for the 1992-93 fiscal year, to make other changes in 
the budget operation of the State, to amend the Constitution of North Carolina, and to 
make conforming statutory changes, upon second reading. 

On motion of Senator Basnight, consideration of the Committee Substitute bill is 
postponed until Tuesday, July 7. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Basnight for the Appropriations Committee: 

H.B. 1389, a bill to require State construction site safety study and the designation of 
safety officers on State construction sites and to require minority and women 
representation on the State Building Commission, with a favorable report. 

H.B. 1512, a bill to provide for a uniform mandatory retirement age of seventy-two 
for all judges and justices of the General Court of Justice, with a favorable report. 

H.B. 1545 (Senate Committee Substitute), a bill to consolidate the regulation of 
wastewater collection, treatment, and disposal systems designed to discharge below the 
ground surface, with a favorable report. 

H.B. 1390, a bill to establish a workplace requirements program for the safety and 
health of all State employees, with a favorable report, as amended. 

S.B. 1105, a bill to decrease State expenditures for safekeepers by clarifying the law 
regarding the medical costs of safekeepers and by changing the law regarding the transfer 
of safekeepers to the Department of Correction, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Basnight, the rules are suspended, and the Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

On motion of Senator Marvin, the Committee Substitute bill remains before the Senate 
for further consideration upon its passage. 

The Chair orders, without objection, the Committee Substitute bill temporarily 
displaced. 



July 2, 1992 



208 SENATE JOURNAL [Second Session 

H. B. 725, a bill to change the eligibility for grants under the Volunteer Rescue/EMS 
Fund, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Basnight, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title, upon concurrence, to read H.B. 725 (Senate 
Committee Substitute) , a bill to change the eligibility requirements for grants under the 
Volunteer Rescue/EMS Fund, to make one-time grants from this Fund to all volunteer 
rescue/EMS units, to adjust the amount of revenue in this Fund and in the Rescue Squad 
Workers' Relief Fund, and to increase the percentage of the Relief Fund that can be used 
for administrative expenses, is placed before the Senate for immediate consideration. 

On motion of Senator Basnight, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for Monday, July 6, for further consideration. 



RE-REFERRAL 

H.B. 1547 (Committee Substitute), a bill to codify the common-law rights in North 
Carolina to public use of ocean and estuarine beaches and to authorize legal actions to 
protect those rights, referred to Rules and Operation of the Senate Committee, 
on June 23. 

Senator Winner offers a motion the rules be suspended and the Committee Substitute 
bill be taken from the Rules and Operation of the Senate Committee and 
re-referred to the Appropriations Committee, which motion prevails. 

The Chair orders the Committee Substitute bill re-referred to the Appropriations 
Committee. 



REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Block for the Pensions and Retirement Committee: 

S.B. 1085, a bill to require any local government participating in the Local Govern- 
mental Employees' Retirement System and any employer in the Teachers' and State 
Employees' Retirement System to fund the pension costs associated with a retirement 
incentive program, with a favorable report, as amended. 

S.B. 26, a bill to modify the Statutes governing fire relief funds, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Block, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the State 
Personnel and State Government Committee. 



CALENDAR (Continued) 

S.B. 1105 (Committee Substitute), a bill to decrease State expenditures for 
safekeepers by clarifying the law regarding the medical costs of safekeepers and by 
changing the law regarding the transfer of safekeepers to the Department of Correction, 
temporarily displaced earlier. 

The Committee Substitute bill passes its second (38-6) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 



July 2, 1992 



1992] SENATE JOURNAL 209 

H.B. 1567, a bill to exempt Surry County from certain statutory requirements in the 
construction of an animal shelter facility, temporarily displaced earlier. 

On motion of Senator Lee, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (41-0) and third readings and is ordered, 
without objection, sent to the House of Representatives, for concurrence in Senate 
Amendment No. 1 by special messenger. 

S.B. 1031 (House Committee Substitute), a bill to incorporate Woodlake Village in 
Moore County, subject to a referendum, for concurrence in the House Committee 
Substitute bill, upon second reading. 

The Senate concurs in the House Committee Substitute bill on second reading by roll- 
call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Pollard, Raynor, Royall, Sands, 
Seymour, Simpson, Smith, Soles, Staton, Tally, Walker, Ward, Warren, and 
Winner — 42. 

Voting in the negative: None. 

The House Committee Substitute bill remains on the Calendar for Monday, July 6, for 
further consideration upon third reading. 

H.B. 1446 (Committee Substitute), a bill to allow cities and counties to use property 
taxes to support public transportation without calling a referendum, upon second 
reading. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Sands, Seymour, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
Monday, July 6, for further consideration upon third reading. 

S.B. 1264, a bill to amend the definition of inventories in the Machinery Act to 
include certain computer software. 

Senator Goldston offers Amendment No. 1 which is adopted (43-0). 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 

H.B. 1320 (Committee Substitute), a bill to clarify that the scrap tire disposal tax 
does not apply to new tires placed on newly manufactured vehicles. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (49-0) and third 
readings and is ordered, without objection, sent to the House of Representatives, for 
concurrence in Senate Amendment No. 1 by special messenger. 

H.B. 1321 (Senate Committee Substitute), a bill to make technical and clarifying 
changes to the revenue laws and related statutes. 

The Chair rules the Senate Committee Substitute bill requires a call of the roll. 

The Senate Committee Substitute bill passes its second reading by roll-call vote, ayes 
47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, 



July 2, 1992 



210 SENATE JOURNAL [Second Session 

Forrester, Hartsell, Hunt, Hyde, Johnson, Kaplan, Kincaid, Lee, Martin of Pitt, 
Marvin, Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Tally, Walker, Ward, Warren, and Winner — 47. 

Voting in the negative: None. 

The Senate Committee Substitute bill is ordered placed on the Calendar for Monday, 
July 6, for further consideration upon third reading. 



REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Sands for the Judiciary II Committee: 

H.B. 1392 (Committee Substitute), a bill to require employers to report at least 
annually on fatalities and serious injuries in the workplace, to require the reporting of 
certain safety data to the Commissioner of Labor by various agencies, and to ensure, 
where appropriate, the confidentiality of data released to the Commissioner, with a 
favorable report, as amended. 

H.B. 1393, a bill to clarify the enforcement of the building code by a municipality in 
its extraterritorial jurisdiction and to provide for appointments to the Building Code 
Council, with a favorable report, as amended. 

CALENDAR (Continued) 

H.B. 863 , a bill to require that at least twenty-five percent of the proceeds from bingo 
games be used for charitable purposes, as amended, upon third reading. 

With unanimous consent, on motion of Senator Ballance, the bill, as amended, is 
taken up out of its regular order of business. 

On motion of Senator Ballance, further consideration of the bill, as amended, is 
postponed until Tuesday, July 7. 

H.B. 1324 (Committee Substitute) , a bill to clarify the statutes governing income tax 
returns and tax filing extensions and to authorize the Secretary of Revenue to allow 
paperless tax filing extensions and electronic filing of income tax returns. 

On motion of Senator Daniel, consideration of the Committee Substitute bill is 
postponed until Tuesday, July 7. 

H.B. 1361, a bill to create an educational leadership task force to identify how to best 
select, train, evaluate, assess, and regulate the State's educational leaders. 
The Chair orders, without objection, the bill temporarily displaced. 

S.B. 1223 (Committee Substitute), a bill to allow the Division to issue restricted 
commercial driver licenses to seasonal drivers for certain farm-related service industries, 
and to clarify the laws governing the issuance of limited driving privileges, and to make 
amendments and technical corrections to the motor vehicles laws, as amended, upon 
third reading. 

The Committee Substitute bill, as amended, passes its third reading (46-0) and, 
without objection, is ordered engrossed and sent to the House of Representatives by 
special messenger. 

H.B. 1596 (Committee Substitute), a bill to expand the application of the North 
Carolina Environmental Policy Act of 1971 to include the use of public land and to clarify 



July 2, 1992 



1992] SENATE JOURNAL 211 

the purpose and review process for environmental documents, as amended, upon third 
reading. 

On motion of Senator Staton, further consideration of the Committee Substitute bill, 
as amended, is postponed until Monday, July 6. 

RECALL FROM ENROLLING OFFICE 

H.B. 1334, a bill to amend the title and scope of the Agriculture, Forestry, and 
Seafood Awareness Study Commission by deleting Seafood from the Commission's title 
and area of study, ordered enrolled yesterday, July 1. 

Senator Speed offers a motion the bill be recalled from the Enrolling Office for further 
consideration. 

The Enrolling Clerk returns the measure to the Senate and Senator Speed offers a 
motion that the vote by which the bill passed its third reading be reconsidered, which 
motion prevails, and the question becomes passage of the measure upon third reading. 

Senator Speed offers a motion that the bill be postponed indefinitely, which motion 
prevails. 

The bill lies upon the table. 

CALENDAR (Continued) 

S.B. 185 (House Committee Substitute), a bill concerning the taxation of 
corporations that attribute part of their income from the sale of certain export property to 
a foreign sales corporation, for concurrence in the House Committee Substitute bill, 
upon second reading. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kaplan, Lee, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Sands, 
Seymour, Shaw, Sherron, Smith, Soles, Speed, Staton, Tally, Walker, Ward, Warren, 
and Winner — 45. 

Voting in the negative: None. 

The House Committee Substitute bill remains on the Calendar for Monday, July 6, for 
further consideration upon third reading. 

APPOINTMENT OF CONFERENCE COMMITTEE 

S.B. 531 (House Committee Substitute), a bill to provide that the Eastern Band of 
Cherokee Indians shall be eligible to: (1) be a member of a regional solid waste 
management authority, and (2) apply for financing a project with a loan from the North 
Carolina Solid Waste Management Capital Projects Financing Authority. 

The motion of Senator Plexico, prevailing on June 29, that the Senate do appoint 
conferees, the President Pro Tempore appoints Senators Plexico (Chairman), Tally, 
and Carpenter as conferees on the part of the Senate to resolve the differences arising 
between the two Bodies, and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action and requesting conferees. 

CALENDAR (Continued) 

S.B. 1073 (House Committee Substitute), a bill to allow counties to require prisoners 
to work on projects to benefit units of State or local government, for concurrence in the 
House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (49-0) and the measure is 
ordered enrolled. 



July 2, 1992 



212 SENATE JOURNAL [Second Session 

H.B. 1361, abill to create an educational leadership task force to identify how to best 
select, train, evaluate, assess, and regulate the State's educational leaders, temporarily 
displaced earlier. 

Senator Warren offers Amendment No. 1 which is adopted (49-0). 

The bill, as amended, passes its second (41-6) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1 by special 
messenger. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill which is read the first time and disposed of, as follows: 

S.B. 719 (House Committee Substitute), a bill to decrease the project cost minimum 
for applicability of contractors licensure requirements, to clarify exemption provisions, 
and to require evidence of insurance coverage to be demonstrated, for concurrence in the 
House Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, without objection, and the 
House Committee Substitute bill is placed before the Senate for immediate 
consideration. 

The Senate concurs in the House Committee Substitute bill (48-0) and the measure is 
ordered enrolled. 



CALENDAR (Continued) 

H.B. 1550, a bill to authorize Rockingham County to establish noise districts and to 
regulate noise within those districts, temporarily displaced earlier. 

Senator Sands offers Amendment No. 1 which is adopted (46-0), changing the title, 
upon concurrence, to read H.B. 1550, a bill to authorize Rockingham County to 
establish noise districts and to regulate noise within those districts and to modify G.S. 
160A-443(5a) with respect to the City of Reidsville. 

On motion of Senator Sands, further consideration of the bill, as amended, is 
postponed until Tuesday, July 7. 

H.B. 1557, a bill to allow Iredell County to acquire property for use by the County 
Boards of Education and to authorize Boards of Education in Iredell County to convey 
property to the County in connection with improvements and repair of the property, 
temporarily displaced earlier. 

Senator Bryan offers Amendment No. 1 which is adopted (45-0) , changing the title, 
upon concurrence, to read H.B. 1557, a bill to allow Iredell County to acquire property 
for use by the County Boards of Education, to authorize Boards of Education in Iredell 
County to convey property to the County in connection with improvements and repair of 
the property, and to clarify the law relating to school administrative units in Iredell 
County. 

The Chair rules the bill, as amended, requires a call of the roll. 

Amendment No. 1 is consequently held to be material, constituting the first reading of 
the measure and the Chair orders the bill, as amended, placed on the Calendar for 
Monday, July 6, for further consideration upon second reading. 

H.B. 1569, a bill to authorize Boards of Education in Richmond County to convey 
property to the County in connection with improvements and repair of the property, 
temporarily displaced earlier. 

On motion of Senator Murphy, consideration of the bill is postponed until Tuesday, 
July 7. 



July 2, 1992 



1992] SENATE JOURNAL 213 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 192 House of Representatives 

July 2, 1992 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the 2 Senate amendments to HB. No. 192 

A BILL TO BE ENTITLED AN ACT RECOMMENDED BY THE JUVENILE LAW 
STUDY COMMISSION TO ALLOW TERMINATION OF PARENTAL RIGHTS 
AFTER A PARENT HAS LEFT A CHILD IN FOSTER CARE FOR TWELVE 
MONTHS WITHOUT MAKING REASONABLE PROGRESS TOWARDS 
CORRECTING THE CONDITIONS THAT LED TO FOSTER CARE and requests 
conferees. The Speaker has appointed Representatives Jones, Hensley, R. Hunter and 
Colton on the part of the House to confer with a like committee appointed by the Senate 
to the end that the differences arising may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

Senator Sands offers a motion that the Senate do appoint conferees, which motion 
prevails. 

The President Pro Tempore appoints Senators Sands (Chairman), Marvin, Allran, 
Martin of Guilford, and Winner as conferees on the part of the Senate to act with a like 
committee from the House of Representatives to resolve the differences arising between 
the two Bodies. A message is ordered sent to the House of Representatives informing 
that Honorable Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 519 House of Representatives 

(Senate Committee Substitute) July 2, 1992 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate Comm. Sub. to HB. No. 519 

A BILL TO BE ENTITLED AN ACT REQUIRING EMPLOYERS TO REIMBURSE 
EMPLOYMENT AGENCY FEES UNDER CERTAIN CIRCUMSTANCES and 
requests conferees. The Speaker has appointed Representatives Wainwright, Dawkins 
and Hensley on the part of the House to confer with a like committee appointed by the 
Senate to the end that the differences arising may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

On motion of Senator Barnes, seconded by Senator Murphy, the Senate adjourns at 
3:00 P.M. to meet Monday, July 6, at 6:00 P.M. 



July 2, 1992 



214 SENATE JOURNAL [Second Session 

ONE HUNDRED TWENTY-FIFTH DAY 

Senate Chamber, 
Monday, July 6, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, each person here recollects with clarity special occasions when some- 
thing stirred within us, and we knew that a unique opportunity was available to us, maybe 
never to return again. We knew the feeling of a crucial moment. Life is a series of 
crucial moments: destiny moments; moments of decision. 

"For all those who work in this place, the task of finishing the business of State 
represents such a moment. Through Your Grace renew them, make them aware, 
courageous and willing to 'seize the moment'. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of Thursday, July 2, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Winner, and to Senator Hartsell, who is attending a Cabarrus County Commissioners 
meeting. 

Pursuant to the motion which prevailed on Thursday, July 2, the Chair orders the 
measures sent to the House of Representatives by special messenger. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S. B. 719 (House Committee Substitute) , an act to decrease the project cost minimum 
for applicability of contractors licensure requirements, to clarify exemption provisions, 
and to require evidence of insurance coverage to be demonstrated. (Ch. 840) 

S. B. 1073 (House Committee Substitute) , an act to allow counties to require prisoners 
to work on projects to benefit units of State or local government. (Ch. 841) 

H.B. 1117 (Senate Committee Substitute), an act to amend the law regarding the 
transfer of jurisdiction over a juvenile to superior court for trial as an adult. (Ch. 842) 

H.B. 1436, an act to amend the Charter of the City of Raleigh to allow for contracts 
with federal agencies to assist other governments. (Ch. 843) 

H.B. 1464, an act to provide that Duplin, Hertford, and Martin Counties are autho- 
rized to construct gas lines. (Ch. 844) 

H.B. 1468 (Committee Substitute), an act making a qualified exception from the 
Public Records Act for the Brunswick and Johnston Counties Geographical Information 
System. (Ch. 845) 

H.B. 1479 (Senate Committee Substitute), an act to exempt Martin County from 
certain zoning notice requirements. (Ch. 846) 

H.B. 1485, an act relating to the furnishing of bonds of officials of Currituck County. 
(Ch. 847) 



July 6, 1992 






1992] SENATE JOURNAL 215 

H. B. 1493 (Senate Committee Substitute) , an act to allow certain counties to acquire 
property for use by certain county boards of education and to authorize certain local 
boards of education to convey property to the county in connection with improvements 
and repair of the property. (Ch. 848) 

H.B. 1494, an act to permit the County of Stanly to rename County public and private 
roads and to make a technical correction in a similar act relating to Watauga County. 
(Ch. 849) 

H.B. 1520, an act to prohibit hunting from the right-of-way of certain roads in 
Craven County. (Ch. 850) 

H.B. 1521 , an act to change the name of the New Bern-Craven County Schools to the 
Craven County Schools. (Ch. 851) 

H.B. 1522, an act to provide the council-manager form of government in the Town of 
Cornelius. (Ch. 852) 

H.B. 1531, an act to authorize the Bladen County Board of Education to convey 
certain real property to the Bladenboro Historical Society. (Ch. 853) 

H.B. 1575, an act to modify Chapter 546 of the 1987 Session Laws to remove the 
municipalities of Apex and Fuquay-Varina from the South Wake Airport Authority. 
(Ch. 854) 

H.B. 1577, an act to prohibit hunting from public roads in Mitchell County. 
(Ch. 855) 

H.B. 1579, an act to modify the Raleigh Civil Service Act concerning political 
activity, so that general law will apply. (Ch. 856) 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Martin of Guilford and Seymour: 

S.B. 1267, a bill to provide for a maintenance of funds appropriated by the Board of 
County Commissioners to the local current expense fund of local school administrative 
units in Fiscal Year 1992-93 before merger becomes effective on July 1, 1993, if the 
merger did not require approval of the Board of County Commissioners. 

Referred to Finance Committee. 

By Senator Cooper: 

S.B. 1268, a bill to amend the method of selecting members of the North Carolina 
Sheriffs' Education and Training Standards Commission appointed by the North 
Carolina Sheriffs' Association. 

Referred to Veteran and Military Affairs, Law Enforcement, and Senior 
Citizens Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill, which is read the first time and disposed of, as follows: 

H.B. 1514 (Committee Substitute) , a bill to clarify the provisions of the State budget 
for the 1991-93 fiscal biennium by adjusting salaries and benefits of State employees and 
retirees under various retirement systems. 

With unanimous consent, on motion of Senator Barnes, the Committee Substitute bill 
is referred to Ways and Means Committee and, upon a favorable report, re-referred 
to Pensions and Retirement Committee and, upon a favorable report, re-referred 
to Appropriations Committee. 



July 6, 1992 



216 SENATE JOURNAL [Second Session 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

H.B. 1406, a bill to divide the Flatwoods Fire District in Harnett County into two fire 
districts — the Flatwoods Rural Fire District and the Bunnlevel Rural Fire Insurance 
District, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Bryan, Carpenter, Carter, Cochrane, Conder, Daughtry, Forrester, Hyde, Johnson, 
Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, 
Plyler, Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Speed, Staton, Tally, Walker, Ward, and Warren— 39. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 1499 (Committee Substitute), a bill authorizing the appointment of a special 
Board of Equalization and Review for Durham County, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 39, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Bryan, Carpenter, Carter, Cochrane, Conder, Daughtry, Forrester, Hyde, Johnson, 
Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, 
Plyler, Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Speed, Staton, Tally, Walker, Ward, and Warren— 39. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H.B. 1504, a bill to authorize Pitt County to create rescue/emergency medical 
services protection districts, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Bryan, Carpenter, Carter, Cochrane, Conder, Daughtry, Forrester, Hyde, Johnson, 
Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, 
Plyler, Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Speed, Staton, Tally, Walker, Ward, and Warren— 39. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 1546 (Committee Substitute) , a bill to revise and consolidate the Charter of the 
Town of St. Pauls, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 39, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Bryan, Carpenter, Carter, Cochrane, Conder, Daughtry, Forrester, Hyde, Johnson, 
Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, 
Plyler, Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Speed, Staton, Tally, Walker, Ward, and Warren— 39. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H.B. 1573, a bill to incorporate the Town of Boardman in Columbus County, subject 

to a referendum, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 39, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 

Bryan, Carpenter, Carter, Cochrane, Conder, Daughtry, Forrester, Hyde, Johnson, 



July 6, 1992 



1992] SENATE JOURNAL 217 

Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, 
Plyler, Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, 
Speed, Staton, Tally, Walker, Ward, and Warren— 39. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 1557, a bill to allow Iredell County to acquire property for use by the County 
Boards of Education, to authorize Boards of Education in Iredell County to convey 
property to the County in connection with improvements and repair of the property, and 
to clarify the law relating to school administrative units in Iredell County, as amended, 
upon second reading. 

Senator Bryan offers Amendment No. 2, amending Amendment No. 1, held to be 
material, which is adopted (41-0), constituting the first reading of the measure. 

The Chair orders the bill, as amended, placed on the Calendar for tomorrow, July 7, 
for further consideration upon second reading. 

S.B. 1160, a bill to authorize Alamance County to place nonviolent misdemeanants 
incarcerated in the Alamance County Jail to work on public works without the direct 
supervision of the sheriff. 

The bill passes its second reading. 

Senator Daniel objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, July 7, for further consideration upon 
third reading. 

S.B. 1031 (House Committee Substitute), a bill to incorporate Woodlake Village in 
Moore County, subject to a referendum, for concurrence in the House Committee 
Substitute bill, upon third reading. 

The Senate concurs in the House Committee Substitute bill on third reading by 
roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Blackmon, Bryan, Carpenter, 
Carter, Cochrane, Conder, Daniel, Daughtry, Forrester, Goldston, Hyde, Johnson, 
Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Perdue, Plexico, 
Plyler, Pollard, Raynor, Richardson, Royall, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Speed, Staton, Tally, Walker, Ward, and Warren— 40. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

S.B. 1150 (House Committee Substitute) , a bill to allow Union County to create Fire 
Protection Districts in which fire protection is funded by fees rather than taxes, for 
concurrence in the House Committee Substitute, upon second reading. 

The Senate concurs in the House Committee Substitute bill on second reading by roll- 
call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Bryan, 
Carpenter, Carter, Cochrane, Conder, Daniel, Daughtry, Forrester, Goldston, Hyde, 
Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Tally, Walker, Ward, and 
Warren — 42. 

Voting in the negative: None. 

The House Committee Substitute bill remains on the Calendar for tomorrow, July 7, 
for further consideration upon third reading. 

S.B. 1033 (Committee Substitute), a bill requiring traffic signs and other traffic 
control devices placed on a municipal street system street to conform to the appearance 



July 6, 1992 



218 SENATE JOURNAL [Second Session 

criteria of the manual on uniform traffic control devices, for concurrence in House 
Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (42-0) and the measure is ordered 
enrolled. 

S.B. 1125 (Committee Substitute), a bill to provide that Franklin and Northampton 
Counties are authorized to construct gas lines, for concurrence in House Amendment 
No. 1. 

The Senate concurs in House Amendment No. 1 (43-0) and the measure is ordered 
enrolled. 

H.B. 1596 (Committee Substitute), a bill to expand the application of the North 
Carolina Environmental Policy Act of 1 97 1 to include the use of public land and to clarify 
the purpose and review process for environmental documents, as amended, upon third 
reading. 

With unanimous consent, on motion of Senator Staton, the Committee Substitute bill, 
as amended, is taken up out of its regular order of business. 

On motion of Senator Staton, the Committee Substitute bill, as amended, is 
recommitted to the Environment and Natural Resources Committee. 

H.B. 1321 (Senate Committee Substitute), a bill to make technical and clarifying 
changes to the revenue laws and related statutes, upon third reading. 

Without objection, on motion of Senator Daniel, the Senate Committee Substitute bill 
is temporarily displaced. 

H.B. 1446 (Committee Substitute), a bill to allow cities and counties to use property 
taxes to support public transportation without calling a referendum, as amended, upon 
third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote, 
ayes 42, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, 
Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Perdue, Plexico, Plyler, Raynor, Richardson, Royall, Sands, Seymour, 
Shaw, Sherron, Simpson, Smith, Speed, Staton, Tally, Walker, Ward, and 
Warren— 42. 

Voting in the negative: Senators Blackmon and Pollard — 2. 

The Committee Substitute bill, as amended, is ordered, without objection, sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1 by special 
messenger. 

S.B. 1085, a bill to require any local government participating in the Local 
Governmental Employees' Retirement System and any employer in the Teachers' and 
State Employees' Retirement System to fund the pension costs associated with a 
retirement incentive program. 

On motion of Senator Block, consideration of the bill is postponed until tomorrow, 
July 7. 

H.B. 725 (Senate Committee Substitute) , a bill to change the eligibility requirements 
for grants under the Volunteer Rescue/EMS Fund, to make one-time grants from this 
Fund to all volunteer rescue/EMS units, to adjust the amount of revenue in this Fund and 
in the Rescue Squad Workers' Relief Fund, and to increase the percentage of the Relief 
Fund that can be used for administrative expenses. 

Without objection, on motion of Senator Plyler, the Senate Committee Substitute bill 
is temporarily displaced. 



July 6, 1992 



1992] SENATE JOURNAL 219 

REPORT TO GENERAL ASSEMBLY 

An agency directed to report to the General Assembly submits a report (See 
Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to H.B. 83, Section 351, the North Carolina Department of Human 
Resources submits the Final Report on Child Protective Services in North Carolina. 

CALENDAR (Continued) 

H.B. 1335 (Committee Substitute), a bill to limit the liability of farmers who allow 
gleaning. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered enrolled. 

H.B. 1545 (Senate Committee Substitute), a bill to consolidate the regulation of 
wastewater collection, treatment, and disposal systems designed to discharge below the 
ground surface. 

With unanimous consent, on motion of Senator Daniel, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 

Pursuant to Rule 42, on motion of Senator Daniel, the Senate Committee Substitute 
bill is re-referred to the Finance Committee. 

H.B. 1389, a bill to require State construction site safety study and the designation of 
safety officers on State construction sites and to require minority and women 
representation on the State Building Commission. 

Without objection, on motion of Senator Basnight, the bill is temporarily displaced. 

H.B. 1390, a bill to establish a workplace requirements program for the safety and 
health of all State employees. 

The Chair orders, without objection, the bill temporarily displaced. 

H.B. 1392 (Committee Substitute), a bill to require employers to report at least 
annually on fatalities and serious injuries in the workplace, to require the reporting of 
certain safety data to the Commissioner of Labor by various agencies, and to ensure, 
where appropriate, the confidentiality of data released to the Commissioner. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (46-0) and third 
readings and is ordered sent to the House of Representatives, for concurrence in Senate 
Amendment No. 1 by special messenger. 

H.B. 1389, a bill to require State construction site safety study and the designation of 
safety officers on State construction sites and to require minority and women 
representation on the State Building Commission, temporarily displaced earlier. 

On motion of Senator Basnight, consideration of the bill is postponed until tomorrow, 
July 7. 

H.B. 1390, a bill to establish a workplace requirements program for the safety and 
health of all State employees, temporarily displaced earlier. 

On motion of Senator Basnight, consideration of the bill is postponed until tomorrow, 
July 7. 

RECONSIDERATION 

H.B. 1545 (Senate Committee Substitute), a bill to consolidate the regulation of 
wastewater collection, treatment, and disposal systems designed to discharge below the 
ground surface. 

Senator Daniel offers a motion that the vote by which the motion to re-refer the Senate 
Committee Substitute bill to the Finance Committee prevailed be reconsidered, 



July 6, 1992 



220 SENATE JOURNAL [Second Session 

which motion prevails, and the question becomes the motion to re-refer the measure to 
the Finance Committee. 

With unanimous consent, Senator Daniel withdraws his motion to re-refer the Senate 
Committee Substitute bill to the Finance Committee, and on his further motion, the 
measure is placed on the Calendar for today, in its regular order of business. 



CALENDAR (Continued) 

H. B. 1393, a bill to clarify the enforcement of the building code by a municipality in 
its extraterritorial jurisdiction and to provide for appointments to the Building Code 
Council. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1 by special 
messenger. 

H.B. 1512, a bill to provide for a uniform mandatory retirement age of seventy-two 
for all judges and justices of the General Court of Justice. 

The bill passes its second (44-2) and third readings and is ordered enrolled. 

H.B. 1545 (Senate Committee Substitute), a bill to consolidate the regulation of 
wastewater collection, treatment, and disposal systems designed to discharge below the 
ground surface. 

Without objection on motion of Senator Barnes, the Senate Committee Substitute bill 
is temporarily displaced. 

H.B. 1661, a bill to validate the registration of instruments signed in the name of the 
register of deeds by the register's assistant or deputy and initialed by the assistant or 
deputy. 

The bill passes its second (45-0) and third readings and is ordered enrolled. 

S.B. 185 (House Committee Substitute), a bill concerning the taxation of 
corporations that attribute part of their income from the sale of certain export property to 
a foreign sales corporation, for concurrence in the House Committee Substitute bill, 
upon third reading. 

The Senate concurs in the House Committee Substitute bill on its third reading by 
roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Basnight, Blackmon, Block, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daughtry, Forrester, Goldston, Hunt, 
Hyde, Johnson, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, and Warren — 43. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

S.B. 740 (House Committee Substitute), a bill relating to runners for health care 
providers, for concurrence in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill on its second (44-0) and 
third readings and the measure is ordered enrolled. 

H.B. 1321 (Senate Committee Substitute), a bill to make technical and clarifying 
changes to the revenue laws and related statutes, temporarily displaced earlier, upon 
third reading. 

On motion of Senator Barnes, further consideration of the Senate Committee 
Substitute bill is postponed until tomorrow, July 7. 



July 6, 1992 



1992] SENATE JOURNAL 221 

H.B. 1545 (Senate Committee Substitute), a bill to consolidate the regulation of 
wastewater collection, treatment, and disposal systems designed to discharge below the 
ground surface, temporarily displaced earlier. 

On motion of Senator Barnes, further consideration of the Senate Committee 
Substitute bill is postponed until tomorrow, July 7. 

H.B. 725 (Senate Committee Substitute) , a bill to change the eligibility requirements 
for grants under the Volunteer Rescue/EMS Fund, to make one-time grants from this 
Fund to all volunteer rescue/EM S units, to adjust the amount of revenue in this Fund and 
in the Rescue Squad Workers' Relief Fund, and to increase the percentage of the Relief 
Fund that can be used for administrative expenses, temporarily displaced earlier. 

The Senate Committee Substitute bill passes its second (44-0) and third readings and 
is ordered, without objection, sent to the House of Representatives, for concurrence in 
the Senate Committee Substitute bill by special messenger. 

The President recognizes the following pages serving in the Senate this week: 
Tracey Barefoot, Raleigh; Matthew Batton, Elizabethtown; Grier Booker, 
Greensboro; Barrett Brewer, Clinton; Austin McNeil Chestnut, Raleigh; Tracy 
La Verne Cole, Edenton; SaraDalton, Hope Mills; Christina L. Duke, Youngsville; Lea 
Marie Dunn, Raleigh; Andrea N. Faircloth, Angier; William Taylor Griffin, Wilson; 
Lori Henley, Hope Mills; Kevin Lamont Henry, Greensboro; Coffield King, Franklin; 
Christi M. Murphy, Henderson; Melissa Louise Sutton, Raleigh; Carol Swink, 
Fayetteville; Kimberly E. Thomas, Raleigh; Jermy Edward Wafel, Raleigh; Tiffany L. 
Watson, Raleigh; and Garrett Perdue, New Bern. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 519 (Senate Committee Substitute), a bill requiring employers to reimburse 
employment agency fees under certain circumstances. 

Pursuant to the message from the House of Representatives received on, Thursday, 
July 2, requesting conferees, Senator Soles offers a motion that the Senate do appoint 
conferees, which motion prevails. 

The President Pro Tempore appoints Senators Soles (Chairman) , Odom, and Raynor, 
as conferees on the part of the Senate to act with a like committee from the House of 
Representatives to resolve the differences arising between the two Bodies. A message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 531 House of Representatives 

House Committee Substitute July 6, 1992 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Comm. Sub. to S.B. No. 531, A BILL TO PROVIDE THAT THE EASTERN BAND 
OF CHEROKEE INDIANS SHALL BE ELIGIBLE TO: (1) BE A MEMBER OF A 
REGIONAL SOLID WASTE MANAGEMENT AUTHORITY, AND (2) APPLY FOR 
FINANCING A PROJECT WITH A LOAN FROM THE NORTH CAROLINA SOLID 
WASTE MANAGEMENT CAPITAL PROJECTS FINANCING AUTHORITY, the 
Speaker has appointed as conferees on the part of the House, Representatives Ramsey, 



July 6, 1992 



222 SENATE JOURNAL [Second Session 

Beall, Dial and Thompson to act with a like committee on the part of the Senate to the 
end that the differences existing between the two bodies may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Cleric 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 

S. B. 968, a bill to set a referendum on possible changes in the electoral system for the 
Town of Oriental, for concurrence in House Amendment No. 1, which is placed on the 
Calendar for tomorrow, July 7. 

S.B. 998, a bill to create the Sanford-Lee County Regional Airport Authority, for 
concurrence in House Amendments No. 1 and No. 2, which is placed on the Calendar 
for tomorrow, July 7. 

S.B. 1088, a bill to make administrative changes to the Rowan occupancy tax law, 
for concurrence in House Amendment No. 1, which is placed on the Calendar for 
tomorrow, July 7. 

S.B. 1158, a bill to permit the State of North Carolina to grant a utility easement to 
Carolina Power and Light Company across Umstead Park and to require the Department 
of Transportation to maintain parking lots in the State parks and recreation areas, 
for concurrence in House Amendment No. 1, which is placed on the Calendar for 
tomorrow, July 7. 

S.B. 1175, a bill to allow Stanly and Iredell Counties to acquire property for use by the 
County Boards of Education and to authorize Boards of Education in Stanly, Richmond, 
and Iredell Counties to convey property to the County in connection with improvements 
and repair of the property, for concurrence in House Amendments No. 1, No. 2, and 
No. 3. House Amendment No. 1 changes the title, upon concurrence, to read 
S.B. 1175, a bill to allow certain counties to acquire property for use by the county 
boards of education and to authorize boards of education in certain counties to convey 
property to the county in connection with improvements and repair of the property. The 
Chair orders the measure placed on the Calendar for tomorrow, July 7. 

S.B. 1181, a bill to alter the manner of election of the Craven County Board of Com- 
missioners, for concurrence in House Amendment No. 1, which is placed on the 
Calendar for tomorrow, July 7. 

On motion of Senator Barnes, seconded by Senator Forrester, the Senate adjourns at 
7:05 P.M. to meet tomorrow, July 7, at 1:30 P.M. 



ONE HUNDRED TWENTY-SIXTH DAY 

Senate Chamber, 
Tuesday, July 7, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



July 7, 1992 



1992] SENATE JOURNAL 223 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father, we live in a world dictated by time. The Greeks called it 'Chronos' chrono- 
logy; time measured by the ticking of a clock. Time calendared full with meetings and 
appointments. We must put in, pass, and endure chronology. 

"But the Scriptures also enlighten another kind of time called 'Kairos' , full time, vital 
time, when You break in powerfully to speak to us or act in our behalf. The Israelites, 
standing at the edge of the Red Sea with Pharoah's army in pursuit, experienced both 
chronos and kairos. 

"So we pray, that in the midst of the chronology of the work of the General Assembly, 
You will bless Your servants with a breakthrough kairos kind of time in their 
negotiations. Thank You for the promise of Your Presence to that end. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, July 6, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

Pursuant to the motion which prevailed on Thursday, July 2, the Chair orders 
measures sent to the House of Representatives by special messenger. 



ENROLLED BILLS AND RESOLUTION 

The Enrolling Clerk reports the following bills and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 185 (House Committee Substitute), an act concerning the taxation of 
corporations that attribute part of their income from the sale of certain export property to 
a foreign sales corporation. (Ch. 857) 

S.B. 740 (House Committee Substitute), an act relating to runners for health care 
providers. (Ch. 858) 

S.B. 1031 (House Committee Substitute), an act to incorporate Woodlake Village in 
Moore County, subject to a referendum. (Ch. 859) 

S.B. 1033 (Committee Substitute), an act requiring traffic signs and other traffic 
control devices placed on a municipal street system street to conform to the appearance 
criteria of the Manual on Uniform Traffic Control Devices. (Ch. 860) 

S.B. 1069, an act to amend and restate the Charter of the Greenville Utilities 
Commission of the City of Greenville. (Ch. 861) 

S.B. 1087, an act to create a new offense of third degree trespass in Rowan County. 
(Ch. 862) 

S.B. 1101, an act to increase the membership of the Nash County Alcoholic Beverage 
Control Board from three to five members. (Ch. 863) 

S.B. 1125 (Committee Substitute), an act to provide that Franklin and Northampton 
Counties are authorized to construct gas lines. (Ch. 864) 

S.B. 1133, an act to allow Johnston County to acquire property for use by its Board of 
Education. (Ch. 865) 

S.B. 1149, an act to allow Montgomery County to establish voting precincts without 
regard to township boundaries. (Ch. 866) 

H.B. 1320 (Committee Substitute), an act to clarify that the scrap tire disposal tax 
does not apply to new tires placed on newly manufactured vehicles. (Ch. 867) 



July 7, 1992 



224 SENATE JOURNAL [Second Session 

H.B. 1335 (Committee Substitute), an act to limit the liability of farmers who allow 
gleaning. (Ch. 868) 

H.B. 1361, an act to create an educational leadership task force to identify how to 
best select, train, evaluate, assess, and regulate the State's educational leaders. 
(Ch. 869) 

H.B. 1406, an act to divide the Flatwoods Fire District in Harnett County into two fire 
districts — the Flatwoods Rural Fire District and the Bunnlevel Rural Fire Insurance 
District. (Ch. 870) 

H.B. 1499 (Committee Substitute), an act authorizing the appointment of a special 
Board of Equalization and Review for Durham County. (Ch. 871) 

H.B. 1504, an act to authorize Pitt County to create rescue/emergency medical 
services protection districts. (Ch. 872) 

H.B. 1512, an act to provide for a uniform mandatory retirement age of seventy-two 
for all judges and justices of the General Court of Justice. (Ch. 873) 

H.B. 1546 (Committee Substitute), an act to revise and consolidate the Charter of the 
Town of St. Pauls. (Ch. 874) 

H.B. 1567, an act to exempt Surry County from certain statutory requirements in the 
construction of an animal shelter facility. (Ch. 875) 

H.B. 1573, an act to incorporate the Town of Boardman in Columbus County, 
subject to a referendum. (Ch. 876) 

H.B. 1661, an act to validate the registration of instruments signed in the name of the 
register of deeds by the register's assistant or deputy and initialed by the assistant or 
deputy. (Ch. 877) 

S.J.R. 1253, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to modify the administrative structure of 
the Teachers' and State Employees' Comprehensive Major Medical Plan. (Res. 65) 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Murphy for the Human Resources Committee: 

H.B. 1375, a bill to amend Chapter 593 of the 1991 Session Laws to provide for the 
State Bureau of Investigation's immediate notification of alleged sexual abuse in day 
care, with a favorable report, as amended. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 145 (House Committee Substitute No. 2), a bill to change the requirement that 
twenty-five percent of plastic bags be recycled to a goal, to extend the date on which 
twenty-five percent of certain polystyrene foam products must be recycled, to authorize 
counties to include fees for subsurface discharge wastewater management systems and 
services on property tax bills, and to allow regional solid waste management authorities 
to manage nonhazardous sludges on the same basis as individual units of local 
government, with a favorable report as to concurrence. 

Pursuant to Rule 43, the House Committee Substitute bill No. 2 is re-referred to the 
Finance Committee. 



July 7, 1992 



1992] SENATE JOURNAL 225 

H.B. 1596 (Committee Substitute), a bill to expand the application of the North 
Carolina Environmental Policy Act of 1971 to include the use of public land and to clarify 
the purpose and review process for environmental documents, with an unfavorable report 
as to Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on her further 
motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, July 8, for further consideration. 

By Senator Sherron for the State Personnel and State Government 
Committee: 

H.B. 1657, a bill to abolish the North Carolina Council on Interstate Cooperation, 
which has not met since 1979, with a favorable report. 

H.B. 1006, a bill to maintain and strengthen the current administration of State 
government's Equal Employment Opportunity Program, with a favorable report, as 
amended. 

By Senator Sands for the Judiciary II Committee: 

H.B. 1391, a bill to create a special emphasis program to target OSHA inspections, 
with an unfavorable report as to bill, but favorable as to Senate Committee Substitute 
bill. 

On motion of Senator Sands, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, July 8, for further consideration. 

H.B. 1395, a bill to establish an inter-agency task force to study the reorganization of 
State agencies involved with occupational safety and health and fire safety 
responsibilities and to report to the LRC Committee on Fire and Occupational Safety at 
Industrial and Commercial Facilities by October 1 , 1992, with an unfavorable report as 
to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read H.B. 1395 (Senate 
Committee Substitute), a bill to establish an inter-agency task force to study the 
reorganization of State agencies involved with occupational safety and health and fire 
safety responsibilities and to file a report with the General Assembly, is placed before the 
Senate for immediate consideration. 

On motion of Senator Sands, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, July 8, for further consideration. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill, which is read the first time and disposed of, as follows: 

S. B. 314, a bill to appropriate funds to the Department of Correction for the develop- 
ment and implementation of manufacturing or other industries within State prison facili- 
ties by private enterprises, for concurrence in the House Committee Substitute bill, which 
changes the title, upon concurrence, to read S. B. 314 (House Committee Substitute) , a 
bill to allow the Department of Correction to develop and implement manufacturing or 
other industries within State prison facilitites by private enterprises. 

Referred to Judiciary II Committee. 



July 7, 1992 



226 SENATE JOURNAL [Second Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 1322 House of Representatives 

(Senate Committee Substitute) July 6, 1992 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate Comm. Sub. to HB. No. 1322 A BILL TO BE 
ENTITLED AN ACT TO INCREASE THE AMOUNT OF BEER A MINI-BREWERY 
CAN SELL TO CONSUMERS AT THE BREWERY AND TO MAKE CHANGES TO 
THE ALCOHOLIC BEVERAGE LAWS and requests conferees. The Speaker has 
appointed Representatives Gamble, Chairman; Stamey, Privette, Bowen, Sam Hunt, 
Devane, Colton, Brubaker, Fitch, Bowie and Jeralds on the part of the House to confer 
with a like committee appointed by the Senate to the end that the differences arising may 
be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 1323 House of Representatives 

July 6, 1992 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment to HB. No. 1323 A BILL TO BE 
ENTITLED AN ACT TO REPLACE THE AUTHORITY OF COUNTIES TO 
RETAIN THEIR COSTS IN COLLECTING THE STATE'S SHARE OF THE DEED 
STAMP TAX WITH THE AUTHORITY TO RETAIN A FIXED PERCENTAGE OF 
THE REVENUE FROM THAT TAX and requests conferees. The Speaker has 
appointed Representatives Gamble, Hightower and Kerr on the part of the House to 
confer with a like committee appointed by the Senate to the end that the differences 
arising may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

H.B. 1557, a bill to allow Iredell County to acquire property for use by the County 
Boards of Education, to authorize Boards of Education in Iredell County to convey 
property to the County in connection with improvements and repair of the property, and 
to clarify the law relating to school administrative units in Iredell County, as amended, 
upon second reading. 

Senator Allran offers a motion that the vote by which Amendment No. 2 was adopted 
be reconsidered. 

Senator Kincaid offers a substitute motion that the bill, as amended, be recommitted 
to the Education Committee, which motion he subsequently withdraws. 



July 7, 1992 



1992] SENATE JOURNAL 227 

The motion offered by Senator Allran to reconsider the vote by which Amendment 
No. 2 was adopted fails to prevail (16-31), and the question reverts to passage of the 
measure upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 35, noes 12, as 
follows: 

Voting in the affirmative: Senators Ballance, Barnes, Blackmon, Bryan, Conder, 
Cooper, Daniel, Goldston, Hartsell, Hunt, Johnson, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Plexico, Plyler, Pollard, Richardson, Royall, 
Sands, Seymour, Shaw, Sherron, Simpson, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 35. 

Voting in the negative: Senators Allran, Block, Carpenter, Carter, Cochrane, 
Daughtry, Forrester, Hyde, Lee, Parnell, Perdue, and Smith— 12. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, July 8, for 
further consideration upon third reading. 

S.B. 1093 (Committee Substitute), a bill to modify the capital improvements 
appropriations for North Carolina for the 1992-93 fiscal year, to make other changes in 
the budget operation of the State, to amend the Constitution of North Carolina, and to 
make conforming statutory changes, upon second reading. 

With unanimous consent, on motion of Senator Daniel, the Committee Substitute bill 
is taken up out of its regular order of business. 

On motion of Senator Daniel, consideration of the Committee Substitute bill is 
postponed until tomorrow, July 8. 

H.B. 1350, a bill to make technical and administrative changes relating to property 
taxes on motor vehicles, upon second reading. 

On motion of Senator Daniel, consideration of the bill is postponed until tomorrow, 
July 8. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee out of the regular order of business, read 
by its title, together with the report accompanying it, and takes its place on the Calendar, 
as follows: 

By Senator Royall for the Ways and Means Committee: 

H.B. 1514 (Committee Substitute) , a bill to clarify the provisions of the State budget 
for the 1991-93 fiscal bienniumby adjusting salaries and benefits of State employees and 
retirees under various retirement systems, with an unfavorable report as to Committee 
Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Royall, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title, upon concurrence, to read H.B. 1514 (Senate 
Committee Substitute) , a bill to clarify the provisions of the State budget for the 1991-93 
fiscal biennium by adjusting salaries and benefits of State employees and retirees under 
various retirement systems and to provide for a binding referendum on the establishment 
of a North Carolina State lottery, is placed before the Senate for immediate 
consideration. 

On motion of Senator Royall, the Senate Committee Substitute bill is adopted, and on 
his further motion is re-referred to the Pensions and Retirement Committee. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 1322 (Senate Committee Substitute), a bill to increase the amount of beer a 
mini-brewery can sell to consumers at the brewery and to make changes to the alcoholic 
beverage laws, which proposes to change the title. 

Pursuant to the message from the House of Representatives received earlier today 
requesting conferees, Senator Ballance offers a motion that the Senate do appoint 
conferees, which motion prevails. 

The President Pro Tempore takes the appointment of conferees under advisement. 



July 7, 1992 



228 SENATE JOURNAL [Second Session 

On motion of Senator Barnes, the Senate recesses at 2:20 P.M. for the purpose of a 
committee meeting to reconvene at 2:45 P.M.. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 



CALENDAR (Continued) 

H.B. 1550, a bill to authorize Rockingham County to establish noise districts and to 
regulate noise within those districts and to modify G.S. 160A-443(5a) with respect to the 
City of Reidsville, as amended. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1 by special 
messenger. 

H.B. 1569, a bill to authorize Boards of Education in Richmond County to convey 
property to the County in connection with improvements and repair of the property. 
The bill passes its second and third readings and is ordered enrolled. 

S.B. 1160, a bill to authorize Alamance County to place nonviolent misdemeanants 
incarcerated in the Alamance County Jail to work on public works without the direct 
supervision of the sheriff, upon third reading. 

On motion of Senator Daniel, consideration of the bill is postponed until tomorrow, 
July 8. 

S.B. 1150 (House Committee Substitute), a bill to allow Union County to create Fire 
Protection Districts in which fire protection is funded by fees rather than taxes, for 
concurrence in the House Committee Substitute bill, upon third reading. 

The Senate concurs in the House Committee Substitute bill on third reading by 
roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Block, Bryan, Carpenter, Carter, 
Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, Hunt, Hyde, 
Johnson, Kincaid, Martin of Pitt, Marvin, Murphy, Odom, Parnell, Plexico, Plyler, 
Raynor, Richardson, Royall, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Staton, 
Tally, Walker, Ward, Warren, and Winner— 39. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 



REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and is disposed of, as follows: 

By Senator Block for the Pensions and Retirement Committee: 

H.B. 1514 (Senate Committee Substitute), a bill to clarify the provisions of the State 
budget for the 1991-93 fiscal biennium by adjusting salaries and benefits of State 
employees and retirees under various retirement systems and to provide for a binding 
referendum on the establishment of a North Carolina State lottery, with a favorable 
report. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Finance Committee. 



July 7, 1992 



1992] SENATE JOURNAL 229 

CALENDAR (Continued) 

S.B. 998, a bill to create the Sanford-Lee County Regional Airport Authority, for 
concurrence in House Amendments No. 1 and No. 2, upon second reading. 

The Senate concurs in House Amendments No. 1 and No. 2 on second reading by 
roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plexico, Plyler, Raynor, Richardson, Royall, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner— 44. 

Voting in the negative: None. 

The bill remains on the Calendar tomorrow, July 8, for further consideration upon 
third reading. 

S.B. 968, a bill to set a referendum on possible changes in the electoral system for the 
Town of Oriental, for concurrence in House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (45-0) and the measure is ordered 
enrolled. 

S.B. 1088, a bill to make administrative changes to the Rowan occupancy tax law, for 
concurrence in House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (45-0) and the measure is ordered 
enrolled. 

S.B. 1175, a bill to allow Stanly and Iredell Counties to acquire property for use by the 
County Boards of Education and to authorize Boards of Education in Stanly, Richmond, 
and Iredell Counties to convey property to the County in connection with improvements 
and repair of the property, for concurrence in House Amendments No. 1, No. 2, and 
No. 3, which proposes to change the title. 

On motion of Senator Conder, consideration of the bill is postponed until tomorrow, 
July 8. 

S.B. 1181, a bill to alter the manner of election of the Craven County Board of 
Commissioners, for concurrence in House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (45-0) and the measure is ordered 
enrolled. 

On motion of Senator Barnes, the Senate recesses at 2:50 P.M. for the purpose of a 
committee meeting to reconvene at 3:15 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson 
P. Barnes, President Pro Tempore, who presides in the absense of the Lieutenant 
Governor. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and is disposed of, as follows: 

By Senator Daniel for the Finance Committee: 

H. B. 1514 (Senate Committee Substitute) , a bill to clarify the provisions of the State 
budget for the 1991-93 fiscal biennium by adjusting salaries and benefits of State 
employees and retirees under various retirement systems and to provide for a binding 



July 7, 1992 



230 SENATE JOURNAL [Second Session 

referendum on the establishment of a North Carolina State lottery, with a favorable 
report. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

Without objection, on motion of Senator Royall, the Senate recesses at 3:20 P.M. for 
the purpose of a committee meeting to reconvene at 3:40 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 



CALENDAR (Continued) 

H.B. 1321 (Senate Committee Substitute), a bill to make technical and clarifying 
changes to the revenue laws and related statutes, upon third reading. 

Senator Winner offers Amendment No. 1 which is adopted (37-0). 

With unanimous consent, on motion of Senator Winner, the rules are suspended to 
grant privileges of the floor to staff members to assist in the explanation of the measure. 

The Senate Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Cochrane, Conder, Cooper, Daniel, Forrester, Goldston, Hartsell, Hyde, 
Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Perdue, Plexico, Plyler, Raynor, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Speed, Staton, Tally, Walker, Ward, Warren, and 
Winner — 42. 

Voting in the negative: None. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and sent to 
the House of Representatives, for concurrence in the Senate Committee Substitute bill by 
special messenger. 



WITHDRAWAL FROM COMMITTEE 

H.B. 31 (Committee Substitute), a bill to permit injured firemen to receive disability 
payments under the North Carolina Local Governmental Employees' Retirement System 
after one year's service and to allow for disability benefit if death occurs prior to 
retirement, as amended by the Pensions and Retirement Committee, and 
re-referred to the Appropriations Committee on June 30. 

Senator Basnight offers a motion the rules be suspended and the Committee Substitute 
bill be taken from the Appropriations Committee and placed before the Senate for 
immediate consideration, which motion prevails. 

With unanimous consent, the Chair orders the Committee Substitute bill, as amended, 
placed before the Senate for immediate consideration. 

Senator Basnight offers a motion that the vote by which Amendment No. 1, 
recommended by the Pensions and Retirement Committee, was adopted be 
reconsidered, which motion prevails, and the question becomes the adoption of 
Committee Amendment No. 1. Amendment No. 1 fails of adoption (0-47). 

The Committee Substitute bill passes its second reading (45-0). 

Senator Odom objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, July 8, for further consideration, upon 
third reading. 



July 7, 1992 



1992] SENATE JOURNAL 231 

REPORT OF COMMITTEE 

A bill is reported from a standing committee out of the regular order of business, read 
by its title, together with the report accompanying it, and takes its place on the Calendar, 
as follows: 

By Senator Basnight for the Appropriations Committee: 

H.B. 1514 (Senate Committee Substitute) , a bill to clarify the provisions of the State 
budget for the 1991-93 fiscal biennium by adjusting salaries and benefits of State 
employees and retirees under various retirement systems and to provide for a binding 
referendum on the establishment of a North Carolina State lottery, with a favorable 
report. 

On motion of Senator Basnight, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, upon its passage. 

The Senate Committee Substitute bill passes its second (32-1 5) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill by special messenger. 

CALENDAR (Continued) 

H.B. 1324 (Committee Substitute) , a bill to clarify the statutes governing income tax 
returns and tax filing extensions and to authorize the Secretary of Revenue to allow 
paperless tax filing extensions and electronic filing of income tax returns. 

With unanimous consent, on motion of Senator Daniel, the Committee Substitute bill 
is taken up out of its regular order of business. 

On motion of Senator Daniel, consideration of the Committee Substitute bill is 
postponed until tomorrow, July 8. 

H.B. 863, a bill to require that at least twenty-five percent of the proceeds from bingo 
games be used for charitable purposes, as amended, upon third reading. 

With unanimous consent, on motion of Senator Ballance, the bill, as amended, is 
taken up out of its regular order of business. 

On motion of Senator Ballance, consideration of the bill, as amended, is postponed 
until Thursday, July 9. 

S.B. 1085, a bill to require any local government participating in the Local 
Governmental Employees' Retirement System and any employer in the Teachers' and 
State Employees' Retirement System to fund the pension costs associated with a 
retirement incentive program. 

On motion of Senator Block, Committee Amendment No. 1 is adopted. 

With unanimous consent on motion of Senator Block, the rules are suspended to grant 
privileges of the floor to staff members for the purpose of assisting in the explanation of 
the measure. 

Senator Odom offers Amendment No. 2 which fails of adoption (18-28). 

The bill, as amended, passes its second reading (40-4). 

Senator Odom objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, July 8, for further consideration, upon 
third reading. 

H.B. 1389, a bill to require State construction site safety study and the designation of 
safety officers on State construction sites and to require minority and women 
representation on the State Building Commission. 

The bill passes its second (39-6) and third readings and is ordered enrolled. 

H.B. 1390, a bill to establish a workplace requirements program for the safety and 
health of all State employees. 

On motion of Senator Basnight, Committee Amendment No. 1 is adopted (43-4). 



July 7, 1992 



232 SENATE JOURNAL [Second Session 

The bill, as amended, passes its second reading (34-11). 

Senator Plyler objects to the third reading of the bill, as amended. The Chair orders 
the measure placed on the Calendar for tomorrow, July 8, for further consideration, 
upon third reading. 

H.B. 1545 (Senate Committee Substitute), a bill to consolidate the regulation of 
wastewater collection, treatment, and disposal systems designed to discharge below the 
ground surface. 

Pursuant to Rule 42, on motion of Senator Daniel, the Senate Committee Substitute 
bill is recommitted to the Finance Committee. 

S.B. 1158, a bill to permit the State of North Carolina to grant a utility easement to 
Carolina Power and Light Company across Umstead Park and to require the Department 
of Transportation to maintain parking lots in the State parks and recreation areas, for 
concurrence in House Amendment No. 1, upon second reading. 

Receiving a three-fifths majority affirmative vote, the Senate concurs in House 
Amendment No. 1 on second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Bryan, 
Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Perdue, Plexico, Pollard, Raynor, Richardson, Royall, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, Warren, and Winner — 43. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, July 8, for further consideration upon 
third reading. 



RE-REFERRAL 

S.B. 26 (Committee Substitute), a bill to modify the Statutes governing fire relief 
funds, referred to State Personnel and State Government Committee on July 2. 

Senator Sherron offers a motion the rules be suspended and the Committee Substitute 
bill be taken from the State Personnel and State Government Committee and 
re-referred to the Appropriations Committee, which motion prevails. 

The Chair orders the Committee Substitute bill re-referred to the Appropriations 
Committee. 



CONFERENCE REPORT 
H.B. 190 (Senate Committee Substitute) 

Senator Sands for the Conferees appointed to consider the differences arising between 
the Senate and the House of Representatives upon H.B. 190 (Senate Committee 
Substitute) , a bill allowing judgment for equitable distribution to be entered prior to entry 
of a divorce decree in certain cases and to clarify equitable distributions related to a 
professional practice, which proposes to change the title, submits the following report 
which proposes to further change the title, upon adoption, to read, H.B. 190, a bill 
allowing judgment for equitable distribution to be entered prior to entry of a divorce de- 
cree in certain cases. 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 190, A BILL TO BE ENTITLED AN 



July 7, 1992 



1992] SENATE JOURNAL 233 

ACT ALLOWING JUDGMENT FOR EQUITABLE DISTRIBUTION TO BE 
ENTERED PRIOR TO ENTRY OF A DIVORCE DECREE IN CERTAIN CASES 
AND TO CLARIFY EQUITABLE DISTRIBUTIONS RELATED TO A 
PROFESSIONAL PRACTICE, Senate Judiciary Committee Substitute Adopted 7/3/91 , 
wish to report as follows: The House concurs in the Senate Committee Substitute with 
the following amendments: 

(1) on page 1, lines 4 and 5, by rewriting those lines to read: "CASES."; 

(2) on page 2, lines 5-24, by deleting those lines and renumbering the succeeding 
section accordingly; and 

(3) on page 2, line 25, by deleting "1991" and substituting "1992"; 
and the Senate concurs in the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 9th day of June, 1991. 

S/Sands S/J. Rhyne 

S/Winner S/Hackney 

S/Cooper S/Flaherty 

S/Hartsell S/Harry E. Payne, Jr. 

S/Bowman 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

Without objection, on motion of Senator Sands, the Conference Report is placed on 
the Calendar for tomorrow, July 8, for adoption. 

REPORT OF COMMITTEE 

Bills are reported from a standing committee out of the regular order of business, read 
by their titles, together with the reports accompanying them, and take their place on the 
Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

H.B. 172 (Senate Committee Substitute), a bill to resume electing the Tax Collector 
of Mitchell County, with a favorable report. 

H.B. 1325, a bill to make conforming changes to the corporate income tax on un- 
related business income of exempt corporations, with a favorable report. 

H.B. 1326, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions, with a favorable report. 

H.B. 1527 (Committee Substitute) , a bill to annex certain territory into the corporate 
limits of the Town of Farmville, with a favorable report. 

On motion of Senator Martin of Pitt, the rules are suspended, and the Committee 
Substitute bill is placed before the Senate for immediate consideration, upon second 
reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 43, 
noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hyde, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, 
Ward, and Winner— 43. 

Voting in the negative: Senator Ballance— 1. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 8, 
for further consideration upon third reading. 



July 7, 1992 



234 SENATE JOURNAL [Second Session 

S.B. 1213, a bill to provide that distributions and reimbursements to local 
governments shall be provided by earmarking rather than by appropriation and to remove 
the cap on these distributions and reimbursements that was added in 1991, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 1213 (Committee Substitute), a bill to provide 
that reimbursements to local governments shall be provided by earmarking rather than by 
appropriation and to provide that the Fiscal Trends Study Commission shall conduct an 
in-depth study of local government fiscal issues, is placed before the Senate for 
immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 1262, a bill to modify the procedure for property tax appeals before the Property 
Tax Commission from appraisal and listing decisions and to levy a fee for filing an appeal 
to the Property Tax Commission, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 1262 (Committee Substitute), a bill to modify 
the procedure for property tax appeals before the Property Tax Commission from 
appraisal and listing decisions, to levy a fee for filing an appeal to the Property Tax 
Commission, and to change the authority to appoint one member of the Property Tax 
Commission from the President of the Senate to the President Pro Tempore of the Senate, 
is placed before the Senate for immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, July 8, for further consideration. 

H.B. 1455 (Committee Substitute), a bill to require real estate appraisers to obtain 
privilege licenses, with an unfavorable report as to Committee Substitute bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read H.B. 1455 (Senate 
Committee Substitute) , a bill to impose a privilege license tax on real estate appraisers, is 
placed before the Senate for immediate consideration. 

On motion of Senator Daniel, the Senate Committee Substitute bill is adopted. 

With unanimous consent, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, July 8, for further consideration. 



APPOINTMENT OF CONFERENCE COMMITTEES 

H.B. 1322 (Senate Committee Substitute), a bill to increase the amount of beer a 
mini-brewery can sell to consumers at the brewery and to make changes to the alcoholic 
beverage laws, which proposes to change the title. 

Pursuant to the message from the House of Representatives received earlier today and 
the motion offered by Senator Ballance that the Senate do appoint conferees, the 
President Pro Tempore appoints Senators Ballance (Chairman), Marvin, Pollard, 
Plyler, Goldston, Raynor, and Walker as conferees on the part of the Senate to act with a 
like committee from the House of Representatives to resolve the differences arising 
between the two Bodies. A message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 



July 7, 1992 



1992] SENATE JOURNAL 235 

H. B. 1323 (Committee Substitute) , a bill to replace the authority of counties to retain 
their costs in collecting the State ' s share of the deed stamp tax with the authority to retain 
a fixed percentage of the revenue from that tax. 

Pursuant to the message from the House of Representatives received earlier today 
requesting conferees, with unanimous consent, the President Pro Tempore appoints 
Senators Daniel (Chairman), Seymour, and Staton as conferees on the part of the 
Senate to act with a like committee from the House of Representatives to resolve the 
differences arising between the two Bodies. A message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

On motion of Senator Barnes, seconded by Senator Shaw, the Senate adjourns at 
4:45 P.M. to meet tomorrow, July 8, at 1:30 P.M. 



ONE HUNDRED TWENTY-SEVENTH DAY 

Senate Chamber, 
Wednesday, July 8, 1992. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, the Holy Scriptures tell us to 'let your light so shine before people, that 
they may see your good works and give glory to God Who is in Heaven.' 

"Much later in history a philosopher wrote, 'there are two ways of spreading light — to 
be the candle or the mirror that reflects it.' 

"God of Light, give us the good sense to know the difference in our attempts to be 
light-givers. Amen." 

Senator Barnes, President Pro Tempore, announces the Journal of yesterday, July 7, 
has been examined and is found to be correct. On his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Winner. 

Pursuant to the motion which prevailed on Thursday, July 2, the Chair orders the mea- 
sures sent to the House of Representatives by special messenger. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 968, an act to set a referendum on possible changes in the electoral system for 
the Town of Oriental. (Ch. 878) 

S.B. 1026 (Committee Substitute) , an act to increase the number of members of the 
Board of Trustees of the School of Science and Math to conform to the number of con- 
gressional districts which resulted from the 1990 census; to make administrative changes 
pertaining to the North Carolina Center for Nursing; and to provide for staggering the 
terms of members of the Nursing Scholars Commission. (Ch. 879) 



July 8, 1992 



236 SENATE JOURNAL [Second Session 

S.B. 1028, an act to require the Board of Governors of the University of North 
Carolina, the State Board of Community Colleges, the State Board of Education, and the 
State's private institutions of higher education to cooperate in an exchange of 
information. (Ch. 880) 

S.B. 1054, an act to bring Mecklenburg County's Fair Housing Act into compliance 
with the Federal Fair Housing Act. (Ch. 881) 

S.B. 1088, an act to make administrative changes to the Rowan occupancy tax law. 
(Ch. 882) 

S.B. 1150 (House Committee Substitute) , an act to allow Union County to create Fire 
Protection Districts in which fire protection is funded by fees rather than taxes. 
(Ch. 883) 

S.B. 1165, an act to authorize the Towns of Cornelius and Davidson in Mecklenburg 
County to regulate in certain extraterritorial areas. (Ch. 884) 

S.B. 1176, an act to establish by a description the boundaries for Jot-Um-Down Fire 
District in Surry County. (Ch. 885) 

S.B. 1177, an act to establish by a description the boundaries for C.C. Camp Fire 
District in Surry County. (Ch. 886) 

S.B. 1181, an act to alter the manner of election of the Craven County Board of 
Commissioners. (Ch. 887) 

S.B. 1193 (Committee Substitute), an act to authorize joint agencies to provide aid 
and assistance to municipalities and joint municipal assistance agencies as recom- 
mended by the Joint Legislative Utility Review Committee and to clarify the authority to 
invest joint agency funds. (Ch. 888) 

S.B. 1197 (Committee Substitute), an act to implement the oxygenated and 
reformulated gasoline requirements of the 1990 amendments to the Federal Clean Air 
Act. (Ch. 889) 

S.B. 1206 (Committee Substitute), an act to make clarifying, conforming, and 
technical amendments to various laws relating to environment, health, and natural 
resources. (Ch. 890) 

H.B. 810 (Senate Committee Substitute No. 2), an act to permit the Town of 
Catawba to annex areas lying within the corporate boundaries of that Town. (Ch. 891) 

H.B. 978 (Senate Committee Substitute), an act to protect forestry operations from 
nuisance suits under certain circumstances. (Ch. 892) 

H.B. 1389, an act to require State construction site safety study and the designation of 
safety officers on State construction sites and to require minority and women 
representation on the State Building Commission. (Ch. 893) 

H.B. 1392 (Committee Substitute), an act to require employers to report at least 
annually on fatalities and serious injuries in the workplace, to require the reporting of 
certain safety data to the Commissioner of Labor by various agencies, and to ensure, 
where appropriate, the confidentiality of data released to the Commissioner. (Ch. 894) 

H.B. 1393, an act to clarify the enforcement of the building code by a municipality in 
its extraterritorial jurisdiction and to provide for appointments to the Building Code 
Council. (Ch. 895) 

H.B. 1446 (Committee Substitute) , an act to allow cities and counties to use property 
taxes to support public transportation without calling a referendum. (Ch. 896) 



July 8, 1992 



1992] SENATE JOURNAL 237 

H. B. 1566, an act to increase the benefits of the Henderson Firemen's Supplemental 
Retirement System. (Ch. 897) 

H.B. 1569, an act to authorize Boards of Education in Richmond County to convey 
property to the County in connection with improvements and repair of the property. 
(Ch. 898) 

H.B. 1583, an act to clarify the authority of the Department of Administration to 
adopt rules to implement the North Carolina Environmental Policy Act of 1971 and of 
State agencies to adopt rules establishing minimum criteria. (Ch. 899) 

S.J.R. 1051, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a joint resolution honoring Duke University on winning its second 
straight NCAA Division I Men's Basketball Championship. (Res. 66) 

S.J.R. 1244, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to impose additional civil penalties for the 
illegal manufacture and sale of alcoholic beverages. (Res. 67) 

On motion of Senator Barnes, the Senate recesses at 1:45 P.M. to reconvene at 
2:20 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James C. 
Gardner, Lieutenant Governor. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Speed for the Agriculture, Marine Resources, and Wildlife 
Committee: 

S. B. 1261 , a bill to remove the requirement that a person be a resident of the State in 
order to obtain a hunting and fishing guide license, with a favorable report. 

By Senator Conder for the Education Committee: 

S. B. 1265, a bill to clarify the exclusion of nonpublic schools from the day care law, 
with a favorable report. 

H.B. 599 (Committee Substitute) , a bill to make various changes in the public school 
tenure law, with a favorable report, as amended. 

By Senator Goldston for the Transportation Committee: 

H.B. 1662, a bill to allow certain advertising signs along the right-of-way of State 
highways, with a favorable report. 



INTRODUCTION OF BILL 

A bill filed for introduction is presented to the Senate , read the first time , and disposed 
of, as follows: 



July 8, 1992 



238 SENATE JOURNAL [Second Session 

By Senator Sherron: 

S.B. 1269, a bill to modify the administrative structure of the Teachers' and State 
Employees' Comprehensive Major Medical Plan. 

Referred to State Personnel and State Government Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 1514 House of Representatives 

(Senate Committee Substitute) July 7, 1992 

Mr. President: 

It is ordered that a message be sent informing your Honorable Body that the Speaker 
rules that the Senate action taken by the Senate Committee Substitute for H.B. 1514, "A 
BILL TO BE ENTITLED AN ACT TO CLARIFY THE PROVISIONS OF THE 
STATE BUDGET FOR THE 1991-93 FISCAL BIENNIUM BY ADJUSTING 
SALARIES AND BENEFITS OF STATE EMPLOYEES AND RETIREES UNDER 
VARIOUS RETIREMENT SYSTEMS AND TO PROVIDE FOR A BINDING 
REFERENDUM ON THE ESTABLISHMENT OF A NORTH CAROLINA STATE 
LOTTERY", is not germane to the original bill. The Senate committee substitute is 
returned to your Honorable Body. 

Respectfully, 
S/Grace A. Collins 
House Principal Clerk 

With unanimous consent, on motion of Senator Barnes, the Senate Committee 
Substitute bill is ordered sent to the House of Representatives a second time with a request 
the Speaker reconsider the ruling. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of, as follows: 

S.B. 51 (Committee Substitute No. 2), a bill to modify the Funeral and Burial Trust 
Fund Act, for concurrence in the House Amendments No. 1, No. 2, and No. 3. 

On motion of Senator Conder, the rules are suspended, without objection, and the 
Committee Substitute bill No. 2 is placed before the Senate for immediate consideration. 

The Senate concurs in House Amendments No. 1, No. 2, and No. 3 (29-14) and the 
measure is ordered enrolled. 

S.B. 369, a bill to provide multiyear registration plates for trailers, for concurrence in 
the House Committee Substitute bill, which changes the title, upon concurrence, to read 
S.B. 369 (House Committee Substitute), a bill to provide multiyear registration plates 
for semitrailers. 

Referred to Finance Committee. 

S.B. 1050, a bill to amend the definition of "day care" to exclude drop-in care and to 
require the Department of Human Resources to study how to ensure the health and safety 
of children in drop-in care, for concurrence in House Amendment No. 1. 

On motion of Senator Richardson, the rules are suspended, without objection, and the 
bill is placed before the Senate for immediate consideration. 

The Senate concurs in House Amendment No. 1 (45-0) and the measure is ordered 
enrolled. 



July 8, 1992 



1992] SENATE JOURNAL 239 

H.B. 1529 (Committee Substitute), a bill to permit the Town of Catawba to annex 
areas lying within the corporate boundaries of that Town. 

Referred to Local Government and Regional Affairs Committee, and upon a 
favorable report re-referred to Finance Committee. 

H.J.R. 1647, a joint resolution authorizing the 1991 General Assembly, 1992 
Session, to consider a bill to be entitled an act to prohibit cities and counties from having 
more stringent standards for display of religious flags than for the American Flag. 

Referred to Judiciary I Committee. 

H.B. 1663, a bill to clarify that special library registration deputies and special high 
school registration commissioners need not reside in the county where they register 
voters. 

Referred to Election Laws Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

H.B. 1390, a bill to establish a workplace requirements program for the safety and 
health of all State employees, as amended, upon third reading. 

With unanimous consent, on motion of Senator Plyler, the bill, as amended, is taken 
up out of its regular order of business. 

On motion of Senator Plyler, consideration of the bill, as amended, is postponed until 
tomorrow, July 9. 

H.B. 190 (Senate Committee Substitute), a bill allowing judgment for equitable 
distribution to be entered prior to entry of a divorce decree in certain cases, Conference 
Report, for adoption, submitted Tuesday, July 7, and which proposes to change the title. 

On motion of Senator Sands, the Senate adopts the Conference Report (44-0). 

The Chair orders a message sent to the House of Representatives informing that 
Honorable Body of such action. 

H.B. 1527 (Committee Substitute) , a bill to annex certain territory into the corporate 
limits of the Town of Farmville, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 43, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Parnell, Plexico, Plyler, Pollard, Raynor, Richardson, 
Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Speed, Staton, Tally, 
Walker, and Ward— 43. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered enrolled. 

H.B. 1557, a bill to allow Iredell County to acquire property for use by the County 
Boards of Education, to authorize Boards of Education in Iredell County to convey 
property to the County in connection with improvements and repair of the property, and 
to clarify the law relating to school administrative units in Iredell County, as amended, 
upon third reading. 

On motion of Senator Daniel the bill, as amended, is temporarily displaced. 

H.B. 172 (Senate Committee Substitute), a bill to resume electing the Tax Collector 
of Mitchell County. 

Senator Simpson offers Amendment No. 1 which is adopted (23-20). 

The Senate Committee Substitute bill, as amended, passes its second (37-6) and third 
readings and is ordered engrossed and sent to the House of Representatives, for 
concurrence in the Senate Committee Substitute bill by special messenger. 



July 8, 1992 



240 SENATE JOURNAL [Second Session 

S.B. 1160, a bill to authorize Alamance County to place nonviolent misdemeanants 
incarcerated in the Alamance County Jail to work on public works without the direct 
supervision of the sheriff, upon third reading. 

On motion of Senator Daniel, the bill is recommitted to the Veteran and Military 
Affairs, Law Enforcement, and Senior Citizens Committee. 

S.B. 998, a bill to create the Sanford-Lee County Regional Airport Authority, for 
concurrence in House Amendments No. 1 and No. 2, upon third reading. 

The Senate concurs in House Amendments No. 1 and No. 2 on third reading by 
roll- "call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, 
Goldston, Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Marvin, Murphy, Odom, 
Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, 
Seymour, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, and 
Ward— 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 1175, a bill to allow Stanly and Iredell Counties to acquire property for use by the 
County Boards of Education and to authorize Boards of Education in Stanly, Richmond, 
and Iredell Counties to convey property to the County in connection with improvements 
and repair of the property, for concurrence in House Amendments No. 1, No. 2, and 
No. 3, upon second reading, and which proposes to change the title. 

On motion of Senator Conder, consideration of the bill is postponed until tomorrow, 
July 9. 

S.B. 1093 (Committee Substitute), a bill to modify the capital improvements 
appropriations for North Carolina for the 1992-93 fiscal year, to make other changes in 
the budget operation of the State, to amend the Constitution of North Carolina, and to 
make conforming statutory changes, upon second reading. 

On motion of Senator Daniel, the Committee Substitute bill is recommitted to the 
Appropriations Committee. 

H.B. 1325, a bill to make conforming changes to the corporate income tax on 
unrelated business income of exempt corporations, upon second reading. 

On motion of Senator Daniel, without objection, the bill is temporarily displaced. 

H.B. 1326, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions, upon second reading. 

On motion of Senator Daniel, without objection, the bill is temporarily displaced. 

H.B. 1350, a bill to make technical and administrative changes relating to property 
taxes on motor vehicles, upon second reading. 

On motion of Senator Daniel, without objection, the bill is temporarily displaced. 

H.B. 1455 (Senate Committee Substitute), a bill to impose a privilege license tax on 
real estate appraisers, upon second reading. 

The Senate Committee Substitute bill passes its second reading by roll-call vote, ayes 
42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Blackmon, Block, Bryan, 
Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, Odom, 
Parnell, Perdue, Plexico, Plyler, Pollard, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Speed, Staton, Tally, Walker, and Ward— 42. 

Voting in the negative: None. 

The Senate Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
July 9, for further consideration upon third reading. 



July 8, 1992 






1992] SENATE JOURNAL 241 

S.B. 1262 (Committee Substitute), a bill to modify the procedure for property tax 
appeals before the Property Tax Commission from appraisal and listing decisions, to levy 
a fee for filing an appeal to the Property Tax Commission, and to change the authority to 
appoint one member of the Property Tax Commission from the President of the Senate to 
the President Pro Tempore of the Senate. 

The Committee Substitute bill passes its second (41-2) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

H.B. 1006, a bill to maintain and strengthen the current administration of State 
government's Equal Employment Opportunity Program. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (43-0) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1 by special 
messenger. 

H.B. 1324 (Committee Substitute) , a bill to clarify the statutes governing income tax 
returns and tax filing extensions and to authorize the Secretary of Revenue to allow 
paperless tax filing extensions and electronic filing of income tax returns. 

On motion of Senator Daniel, without objection, the Committee Substitute bill is 
temporarily displaced. 

H.B. 1375, a bill to amend Chapter 593 of the 1991 Session Laws to provide for the 
State Bureau of Investigation's immediate notification of alleged sexual abuse in day 
care. 

On motion of Senator Murphy, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (42-0) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1 by special 
messenger. 

H.B. 1391 (Senate Committee Substitute), a bill to create a special emphasis 
program to target OSHA inspections. 

The Senate Committee Substitute bill passes its second (43-1) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill by special messenger. 

H.B. 1395 (Senate Committee Substitute), a bill to establish an inter-agency task 
force to study the reorganization of State agencies involved with occupational safety and 
health and fire safety responsibilities and to file a report with the General Assembly. 

The Senate Committee Substitute bill passes its second (36-9) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill by special messenger. 

The President relinquishes the gavel to Senator Barnes, President Pro Tempore, who 
presides in the absence of the Lieutenant Governor. 

H.B. 1324 (Committee Substitute) , a bill to clarify the statutes governing income tax 
returns and tax filing extensions and to authorize the Secretary of Revenue to allow 
paperless tax filing extensions and electronic filing of income tax returns, temporarily 
displaced earlier. 

On motion of Senator Daniel, further consideration of the Committee Substitute bill is 
postponed until tomorrow, July 9. 

H.B. 1657, a bill to abolish the North Carolina Council on Interstate Cooperation, 
which has not met since 1979. 

The bill passes its second (41-0) and third readings and is ordered enrolled. 

S.B. 1085, a bill to require any local government participating in the Local 
Governmental Employees' Retirement System and any employer in the Teachers' and 



July 8, 1992 



242 SENATE JOURNAL [Second Session 

State Employees' Retirement System to fund the pension costs associated with a 
retirement incentive program, as amended, upon third reading. 

Senator Richardson offers Amendment No. 3 which is adopted (40-3). 

The bill, as amended, passes its third reading (41-1) and is ordered engrossed and 
sent to the House of Representatives by special messenger. 

H.B. 31 (Committee Substitute), a bill to permit injured firemen to receive disability 
payments under the North Carolina Local Governmental Employees' Retirement System 
after one year's service and to allow for disability benefit if death occurs prior to 
retirement. 

On motion of Senator Daniel consideration of the Committee Substitute bill is 
postponed until tomorrow, July 9. 



REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Daniel for the Finance Committee: 

S. B. 1266, a bill to authorize the North Carolina State Board of Dental Examiners to 
collect a special fee from North Carolina licensed dentists, with the resulting funds to be 
used to pay expenses of newly authorized State-sanctioned peer review organizations to 
operate programs for impaired dentists, with a favorable report. 

H.B. 1366 (Committee Substitute), a bill to expand the school lunch sales tax 
exemption to include all school foods served by school cafeterias during the school day 
and foods sold by school cafeterias to day care centers, with a favorable report. 

S.B. 67, a bill to provide a tax credit for the use of North Carolina ports, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

On motion of Senator Block, the Committee Substitute bill is temporarily displaced. 

By Senator Sands for the Judiciary II Committee: 

S.B. 314 (House Committee Substitute) , a bill to allow the Department of Correction 
to develop and implement manufacturing or other industries within State prison facilities 
by private enterprises, with a favorable report as to concurrence. 

With unanimous consent, on motion of Senator Sands, the rules are suspended and 
the House Committee Substitute bill is placed before the Senate for consideration, upon 
concurrence. 

The Senate concurs in the House Committee Substitute bill (42-1) and the measure is 
ordered enrolled. 

H.B. 1388 (Committee Substitute), a bill to require certain employers to establish 
safety and health programs and safety and health committees in the workplace, with an 
unfavorable report as to Committee Substitute bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

On motion of Senator Sands, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, July 9, for further consideration. 



July 8, 1992 



1992] SENATE JOURNAL 243 

CALENDAR (Continued) 

H.B. 1596 (Senate Committee Substitute), a bill to expand the application of the 
North Carolina Environmental Policy Act of 1971 to include the use of public land and to 
clarify the purpose and review process for environmental documents, upon third reading. 

The Chair rules the Senate Committee Substitute bill requires a call of the roll and 
adoption of the Senate Committee Substitute bill yesterday, July 7, constitutes the first 
reading of the measure, and it remains before the Senate on second reading. 

The Senate Committee Substitute bill passes its second reading by roll-call vote, ayes 
40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Block, 
Bryan, Carpenter, Carter, Cochrane, Cooper, Forrester, Goldston, Hunt, Hyde, 
Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, 
Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Speed, Staton, Tally, Walker, Ward, and Warren— 40. 

Voting in the negative: None. 

The Senate Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
July 9, for further consideration upon third reading. 

The President Pro Tempore relinquishes the gavel to the President of the Senate, 
Lieutenant Governor Gardner, who presides. 

S.B. 1158, a bill to permit the State of North Carolina to grant a utility easement to 
Carolina Power and Light Company across Umstead Park and to require the Department 
of Transportation to maintain parking lots in the State parks and recreation areas, for 
concurrence in House Amendment No. 1, upon third reading. 

The Senate concurs in House Amendment No. 1 on third reading by roll-call vote, 
ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Blackmon, Block, 
Carpenter, Carter, Cochrane, Cooper, Daughtry, Forrester, Goldston, Hunt, Hyde, 
Johnson, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, 
Perdue, Plexico, Plyler, Pollard, Raynor, Richardson, Royall, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Speed, Staton, Tally, Walker, Ward, and Warren — 41. 

Voting in the negative: None. 

Receiving a three-fifths affirmative majority vote, the bill is ordered enrolled. 

S.B. 67 (Committee Substitute), a bill to provide a tax credit for the use of North 
Carolina ports, temporarily displaced earlier. 

The Committee Substitute bill passes its second (43-1) and third readings and is 
ordered sent to the House of Representatives by special messenger. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 190 House of Representatives 

(Senate Committee Substitute) July 8, 1992 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on Senate Comm. Sub. HB. No. 190, A 
BILL TO BE ENTITLED AN ACT ALLOWING JUDGMENT FOR EQUITABLE 
DISTRIBUTION TO BE ENTERED PRIOR TO ENTRY OF A DIVORCE DECREE 
IN CERTAIN CASES AND TO CLARIFY EQUITABLE DISTRIBUTIONS 
RELATED TO A PROFESSIONAL PRACTICE, which changes the title to the end that 



July 8, 1992 



244 SENATE JOURNAL [Second Session 

when a similar action has been taken on the part of the Senate, we will order the bill 
enrolled. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



CALENDAR (Continued) 

H.B. 1325, a bill to make conforming changes to the corporate income tax on 
unrelated business income of exempt corporations, temporarily displaced, upon second 
reading. 

The Chair orders, the measure placed before the Senate, and subsequently orders, 
without objection, the bill temporarily displaced. 

H.B. 1326, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions, temporarily displaced earlier, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 37, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Blackmon, 
Block, Carpenter, Carter, Cochrane, Cooper, Daniel, Daughtry, Forrester, Goldston, 
Hartsell, Hunt, Hyde, Johnson, Kincaid, Lee, Martin of Guilford, Marvin, Parnell, 
Perdue, Plexico, Plyler, Pollard, Royall, Seymour, Sherron, Smith, Speed, Staton, 
Tally, Walker, Ward, and Warren— 37. 

Voting in the negative: Senator Sands — 1. 

The bill is ordered placed on the Calendar for tomorrow, July 9, for further 
consideration upon third reading. 



CONFERENCE REPORT 
H.B. 1340 (Senate Committee Substitute) 

Senator Basnight, for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon H.B. 1340 (Senate 
Committee Substitute), a bill to modify the Appropriations and Budget Revenue Act of 
1991, As Amended, and to make other changes in the budget operation of the State, 
submits the following report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 1340, Senate Appropriations 
Committee Substitute Fifth Edition engrossed 6/20/92 wish to report as follows: 

The House concurs in the Senate Appropriations Committee Substitute, Fifth Edition 
engrossed 6/20/92, with the following amendment: Delete the entire Senate 
Appropriations Committee Substitute, Fifth Edition engrossed 6/20/92, and substitute 
the attached Proposed Conference Committee Substitute PCCS 4286. 

The Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 8th day of July, 1992. 



July 8, 1992 



1992] 



SENATE JOURNAL 



245 



S/Marc Basnight 
S/George B. Daniel 
S/W. D. Goldston, Jr. 
S/Herbert L. Hyde 

Ted Kaplan 
S/Howard N. Lee 
S/William N. Martin 
S/R. L. Martin 
S/Helen R. Marvin 
S/T. L. Odom 
S/Beverly M. Perdue 
S/ Aaron W. Plyler 
S/James Richardson 
S/Kenneth C. Royall, Jr. 
S/Robert G. Shaw 
S/Daniel R. Simpson 
S/Paul S. Smith 
S/Russell Walker 
S/Marvin Ward 



Conferees for the Senate 



S/David H. Diamont 
S/Martin L. Nesbitt 
S/Gerald L. Anderson 
S/J. Fred Bowman 
S/N. J. Crawford 
S/W. Dickson 
S/Ruth M. Easterling 
S/Theresa H. Esposito 
S/Bruce Ethridge 
S/Aaron E. Fussell 
S/Joe Hackney 
S/Jack Hunt 
S/Howard Hunter, Jr. 
S/Bertha M. Holt 
S/John B. McLaughlin 
S/H. M. Michaux, Jr. 

George W. Miller, Jr. 
S/Edd Nye 

S/Harry E. Payne, Jr. 
S/David Redwine 

Conferees for the 
House of Representatives 



The text of the attached Proposed Conference Committee Substitute bill PCCS-4286 is 
as follows: 

A BILL TO BE ENTITLED AN ACT TO MODIFY THE APPROPRIATIONS AND 
BUDGET REVENUE ACT OF 1991, AS AMENDED, AND TO MAKE OTHER 
CHANGES IN THE BUDGET OPERATION OF THE STATE. 

The General Assembly of North Carolina enacts: 

INTRODUCTION 

Section 1. The appropriations made in this act are for maximum amounts 
necessary to provide the services and accomplish the purposes described in the budget. 
Savings shall be effected where the total amounts appropriated are not required to 
perform these services and accomplish these purposes and, except as allowed by the 
Executive Budget Act, or this act, the savings shall revert to the appropriate fund at the 
end of each fiscal year. 



TITLE OF ACT 

Sec. 2. This act shall be known as 
of 1992." 



The Current Operations Appropriations Act 



PART 1. GENERAL FUND APPROPRIATIONS 

CURRENT OPERATIONS/STATE GOVERNMENT 

Sec. 3. Appropriations from the General Fund of the State for the maintenance of 
the State departments, institutions, and agencies, and for other purposes as enumerated, 
are made for the fiscal year ending June 30, 1993, according to the schedule that follows. 
The amounts set out in the schedule are in addition to other appropriations from the 
General Fund for these purposes for the 1992-93 fiscal year. Amounts set out in brackets 
are reductions from General Fund appropriations for the 1992-93 fiscal year. 



Current Operations/Slate Government 

Judicial Department 

Department of the Governor 

01. Office of State Budget and Management-Special 

Appropriations 
Department of State Auditor 



1992-93 
$ 7,400,000 

850,000 
1,084 



July 8, 1992 



246 SENATE JOURNAL [Second Session 

Department of State Treasurer 265,000 
Department of Public Education 

01. Aid to Local School Administrative Units (13,372,501) 

02. Department of Public Instruction 4,300,000 
Department of Justice 914,291 
Department of Administration 

01. Administration 1,546,204 

02. State Controller 2,200,000 
Department of Agriculture 299,234 
Department of Labor 3,700,602 
Department of Insurance 1,139,944 
Department of Transportation 

01. Aeronautics 2,666,666 

Department of Environment, Health, and Natural Resources 7,180,925 

Administrative Rules Review Commission 4,500 
Department of Human Resources 

01. Alcohol Drug Abuse Treatment Center - 

Black Mountain (72,569) 

02. Alcohol Drug Abuse Treatment Center - Butner 40,040 

03. Alcohol Drug Abuse Treatment Center - Greenville 2,719 

04. N.C. Special Care Center (898,821) 

05. Black Mountain Center (1,196,424) 

06. DHR - Secretary 125,000 

07. Division of Aging 

08. Schools for the Deaf and Hard of Hearing 

09. Social Services 11,619,302 

10. Medical Assistance 5,661,893 

11. Social Services - State Aid to Non-State Agencies 1,095,960 

12. Division of Mental Health, Developmental 

Disabilities, and Substance Abuse Services 13,343,135 

13. Dorothea Dix Hospital (1,808,829) 

14. Broughton Hospital (1,148,100) 

15. Cherry Hospital (1,468,425) 

16. John Umstead Hospital (1,525,069) 

17. Western Carolina Center 542,516 

18. O'Berry Center (973,982) 

19. Murdoch Center (1,058,265) 

20. Caswell Center (409,736) 

21. Division of Facility Services 12,671,793 

22. Division of Vocational Rehabilitation Services 380,000 

23. Division of Youth Services 1,891,170 

Total Department of Human Resources 36,813,308 

Department of Correction 7,800,400 

Department of Economic and Community Development 

01. Economic and Community Development 3,662,649 

02. Rural Economic Development Center 2,275,000 
Department of Revenue 615,591 



July 8, 1992 



1992] SENATE JOURNAL 247 

Department of Crime Control and Public Safety 877,782 
University of North Carolina - Board of Governors 

01. General Administration (1,000,000) 

02. University Institutional Program (614,869) 

03. University of North Carolina at Chapel Hill 

a. Academic Affairs (855,000) 

b. Health Affairs (659,872) 

04. North Carolina State University at Raleigh 

a. Academic Affairs (950,000) 

05. University of North Carolina at Greensboro (344,000) 

06. University of North Carolina at Charlotte (15,000) 

07. University of North Carolina at Wilmington (55,000) 

08. East Carolina University 

a. Academic Affairs (86,000) 

b. Division of Health Affairs (1,000,000) 

09. Fayetteville State University (54,000) 

10. North Carolina Central University (75,000) 

11. UNC Hospitals at Chapel Hill (5,969,239) 

Total University of North Carolina - Board of Governors (11,677,980) 

Department of Community Colleges 10,736,477 

State Board of Elections 24,475 
Reserve for Salary Reduction - Positions Vacated by 

Retirement (19,500,000) 

Reserve for Salary Increases 115,140,128 

Salary Reserve Deletions (1,926,180) 

GRAND TOTAL CURRENT OPERATIONS/GENERAL FUND $ 163,937,599 

PART 2. HIGHWAY FUND APPROPRIATIONS 

CURRENT OPERATIONS/HIGHWAY FUND 

Sec. 4. Appropriations from the Highway Fund of the State for the maintenance 
and operation of the Department of Transportation, and for other purposes as enumer- 
ated, are made for the fiscal year ending June 30, 1993, according to the schedule that 
follows. The amounts set out in the schedule are in addition to other appropriations from 
the Highway Fund for these purposes for the 1992-93 fiscal year. Amounts set out in 
brackets are reductions from Highway Fund appropriations for the 1992-93 fiscal year. 

Current Operations-Highway Fund 1992-93 

Department of Transportation 

01. Administration $ 3,694,922 

02. Division of Highways 

a. State Construction 

(01) Secondary Construction 446,402 

(02) Urban Construction (1,000,000) 

(03) Spot Safety Improvements (2,000,000) 

b. State Funds to Match Federal Highway Aid 

(01) Construction (18,000,000) 

c. State Maintenance 

(01) Secondary (559,204) 

(02) Contract Resurfacing (15,000,000) 

d. Ferry Operations (1,000,000) 



July 8, 1992 



248 SENATE JOURNAL [Second Session 

03. Division of Motor Vehicles 4,252,600 

04. State Aid to Municipalities 446,402 

05. Salary Adjustments for Highway Fund Employees (59,344) 

06. Reserve to Continue DOT Merit Salary Increases (86,143) 

07. Reserve for Salary Increases 7,045,254 

08. Reserve for State Employee Health Benefit Plan (2,675,722) 

09. Transfer to General Fund for Reimbursement 

for Sales Tax Exemption 700,000 

10. Reserve for Air Cargo 2,500,000 
Appropriations for Other State Agencies 

01. Crime Control and Public Safety (603,913) 

02. Revenue 86,968 

03. Environment, Health, and natural Resources (86,968) 
GRAND TOTAL CURRENT OPERATIONS/HIGHWAY FUND $ (21,898,746) 

PART 3. HIGHWAY TRUST FUND 

Sec. 5. Appropriations from the Highway Trust Fund are made for the fiscal year 
ending June 30, 1993, according to the schedule that follows. The amounts set out in 
this schedule are in addition to other appropriations from the Highway Trust Fund for 
these purposes for the 1992-93 fiscal year. Amounts set out in brackets are reductions 
from Highway Trust Fund appropriations for the 1992-93 fiscal year. 

1992-93 

01. Intrastate System $2,800,081 

02. Secondary Road Construction 1,113,365 

03. Urban Loops 1,207,661 

04. State Aid-Municipalities 313,365 

05. Program Administration (434,472) 

GRAND TOTAL CURRENT OPERATIONS/ 

HIGHWAY TRUST FUND $ 5,000,000 

PART 4. BLOCK GRANT APPROPRIATIONS 

Requested by: Senators Martin of Pitt, Kaplan, 

Representatives Ethridge, H. Hunter 
BLOCK GRANT PROVISIONS 

Sec. 6. (a) Appropriations from federal block grant funds are made for the fiscal 
year ending June 30, 1993, according to the following schedule: 

PREVENTIVE HEALTH BLOCK GRANT 

01. Emergency Medical Services $ 245,652 

02. Basic Public Health Services 925,542 

03. Hypertension Programs 590,230 

04. Statewide Health Promotion Programs 1,929,576 

05. Fluoridation of Water Supplies 228,404 

06. Rape Prevention and Rape Crisis Programs 91,269 

07. AIDS/HIV Education, Counseling, and Testing 290,577 

08. Office of Minority Health and Minority Health Council 190,000 

TOTAL PREVENTIVE HEALTH BLOCK GRANT $ 4,491,250. 



July 8, 1992 



1992] SENATE JOURNAL 249 

(b) Decreases in Federal Fund Availability 

If federal funds are reduced below the amounts specified above after the effective 
date of this act, then every program in the federal block grant listed above shall be 
reduced by the same percentage as the reduction in federal funds. 

(c) Increases in Federal Fund Availability 

Any block grant funds appropriated by the United States Congress in addition to 
the funds specified in this act shall be expended as follows: 

(1) For the Preventive Health Block Grant — additional funds shall be allocated 
to support the Statewide Health Promotion Programs. 

PART 5. GENERAL PROVISIONS 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
CONTINGENCY AND EMERGENCY FUND CORRECTION 

Sec. 7. Section 8 of Chapter 689 of the 1991 Session Laws reads as rewritten: 
"Sec. 8. Of the funds appropriated in this Title to the Contingency and Emergency 
Fund, $900.000 nine hundred thousand dollars f$900.00Q N ) for the 1991-92 fiscal year 
an d $900,000 nine hundred thousand dollars f$900.000 ) for the 1992-93 fiscal year 
shall be designated for emergency allocations, which are for the purposes outlined in 
G.S. H3 - 23(al). G.S. 143-23(al)(3). (4). and (5). $225,000 Two hundred 
twentv-five thousand dollars rS225.000^ for the 1991-92 fiscal year and $225,000 jwo, 
hundred twentv-five thousand dollars ($225.000) for the 1992-93 fiscal year shall be 
designated for other allocations from the Contingency and Emergency Fund." 

Requested by: Senator Martin of Pitt, 

Representatives Ethridge, H. Hunter 
BLOCK GRANT PLANS 

Sec. 8. G.S. 143-16.1 reads as rewritten: 
"§ 143-16.1. Federal funds. 

(a) All federal funds shall be expended and reported in accordance with provisions of 
the Executive Budget Act, except as otherwise provided by law. Proposed budgets 
recommended to the General Assembly by the Governor and Advisory Budget 
Commission shall include information concerning the federal expenditures in State 
agencies, departments and institutions in the same manner as State funds. The Director 
of the Budget may adopt rules and regulations establishing uniform planning, budgeting 
and fiscal procedures, not inconsistent with federal law, that ensure that all federal funds 
shall be expended in a standardized manner. The function of the Advisory Budget 
Commission under this section applies only if the Director of the Budget consults with the 
Commission in preparation of the budget. 

(b ) The Secretary of each Sjajg a g ency that receives and adm i nisters federal Block 
Grant funds shal l prepare and submit the a g ency's B l ock Grant plans tp the Fiscal 
Research Division of the General Assembly not later than April 2Q of each fiscal year. 
T he a gency shall submit a s ep arate Block Grant pl a n f o r each Block Grant received and 
administered bv the agency, and each plan shall include, b ut not be limited to. the 
following; 

QX A delineation of the proposed dollar amount allocations bv activity and bv 

category, including dollar amounts to be used fei ad min i s trative costs; and 
iZX A comparison of the proposed funding with two prior years' program 

bud gets. 
The Director of the Budget shall review for accurac y, consistency, and uniformity each 
State agency's Block Grant plans prior to submission of the plans to the General 
Assembly, " 



July 8, 1992 



250 SENATE JOURNAL [Second Session 

PART 6. BUDGET CLARIFICATION PROVISIONS 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
ADDITIONAL BUDGET REPORTING REQUIREMENTS 

Sec. 9. (a) Effective July 1 , 1992, G.S. 143-23(al), as rewritten by Section 6(c) 
of Chapter 812 of the 1991 Session Laws, reads as rewritten: 

" (al) No transfers may be made between objects or line items in the budget of any 
department, institution, or other spending agency; however, with the approval of the 
Director of the Budget, a department, institution, or other spending agency may spend 
more than was appropriated for an object or line item if the overexpenditure is: 

(1) In a purpose or program for which funds were appropriated for that fiscal 
period and the total amount spent for the purpose or program is no more 
than was appropriated for the purpose or program for the fiscal period; 

(2) Required to continue a purpose or program because of unforeseen events, so 
long as the scope of the purpose or program is not increased; 

(3) Required by a court, Industrial Commission, or administrative hearing 
officer's order or award or to match unanticipated federal funds; 

(4) Required to respond to an unanticipated disaster such as a fire, hurricane, 
or tornado; or 

(5) Required to call out the National Guard. 

The Director of the Budget shall report on a quarterly basis to the Joint Legislative 
Commission on Governmental Operations and to the Fiscal Research Division of the 
Legislative Services Office the reason if the amount expended for a purpose or program is 
more than the amount appropriated for it from all sources. If the overexpenditure was 
authorized under subdivision (2) of this subsection . the Director of the Budget shall iden - 
tify in the report the unforeseen event that required the overexpenditure. 

Funds appropriated for salaries and wages are also subject to the limitation that they 
may only be used for (i) salaries and wages or for premium pay, overtime pay, longevity, 
unemployment compensation, workers' compensation, temporary wages, contracted 
personal services, moving expenses, payment of accumulated annual leave, certain 
awards to employees, tort claims, and employer's social security, retirement, and 
hospitalization payments; or (ii) uses for which over expenditures are permitted by 
subdivisions (3), (4), and (5) of this subsection but the Director of the Budget shall 
include such use and the reason for it in his quarterly report to the Joint Legislative 
Commission on Governmental Operations and to the Fiscal Research Division of the 
Legislative Services Office. 

Lapsed salary funds that become available from vacant positions are also subject to the 
limitation that they may not be used for new permanent employee positions or to raise the 
salary of existing employees. 

The requirements in this section that the Director of the Budget report to the Joint 
Legislative Commission on Governmental Operations shall not apply to expenditures of 
receipts by entities that are wholly receipt supported, except for entities supported by the 
Wildlife Resources Fund." 

(b) The Director of the Budget shall report on a quarterly basis to the Joint 
Legislative Commission on Governmental Operations and to the Fiscal Research 
Division of the Legislative Services Office on: 

(1) All employee positions that were abolished that resulted or will result in the 
generation of salary reserves; 

(2) All promotions, reclassifications, and salary range revisions, of greater 
than ten percent (10%), that will be funded with salary reserves; and 

(3) All new positions created that will be funded with salary reserves. 

This section does not apply to actions taken regarding employees of The University of 
North Carolina. 



July 8, 1992 



1992] SENATE JOURNAL 251 

PART 7. OFFICE OF STATE BUDGET AND MANAGEMENT 

Requested by: Senator Martin of Guilford, 

Representatives Grady, Bowman, N.J. Crawford 
ONSLOW MUSEUM FUNDS/NEW PURPOSE 

Sec. 10. Funds appropriated in Section 2 of Chapter 830 of the 1987 Session 
Laws to the Office of State Budget and Management for a grant-in-aid to the Onslow 
County Commissioners to assist in relocating the Onslow County Museum from 
Richlands to Jacksonville may be used by the Onslow County Commissioners for 
construction of new museum facilities in Richlands. 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont, Hackney 
SAVINGS RESERVE ACCOUNT TECHNICAL CHANGE 

Sec. 11. G.S. 143-15. 3(b), as rewritten by Section 7(b) of Chapter 812, 1991 
Session Laws, reads as rewritten: 

" (b) The Director may not use funds in the Savings Reserve Account unless the use has 
been approved by an act of the General Assembly. It is the intent of the General 
Assembly that in future sessions, as funds are available, it will reduce and then eliminate 
the State's liability for payroll deferrals for State employees and community college 
employees and for the deferral of the twelfth month of teacher payroll. These actions will 
bring the Slate into closer conformity wjifa the QAAPt " 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
BUDGET REFORM STATEMENTS 

Sec. 12. The General Fund appropriations availability upon which the 
modifications contained in this act to the General Fund budget for the 1992-93 fiscal year 
are based is $163,950,000. This amount is comprised of the following components: 

(1) $151,500,000 - revised revenue growth for the 1992-93 fiscal year that was 
not appropriated by the 1991 Session of the 1991 General Assembly. 

(2) $1,200,000 - part of the estimated credit balance on June 30, 1992. 

(3) $6,400,000 - fee increases for the General Court of Justice contained in 
Chapter 811 of the 1991 Session Laws. 

(4) $1,200,000 - increase in the Insurance Assessment Fee rate contained in 
Chapter 811 of the 1991 Session Laws. 

(5) $3,400,000 - funds generated in Sections 20, 23, and 24 of this act. 

(6) $250,000 - increased non-tax revenues from investment earnings to 
support the Investment Division of the Department of State Treasurer. 

Requested by: Senators Perdue, Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
LIMITATION ON THE SALE OR EXCHANGE OF PROPERTY 

Sec. 13. (a) Notwithstanding the provisions of Chapter 146 of the General 
Statutes, the tract of State-owned land known as the Old Health Farm Property, 
comprised of approximately 260.86 acres located adjacent to East Chatham Street in 
Cary, Wake County, shall not be exchanged or traded for other land, or interest therein, 
before July 1 , 1993, nor may any contract or option for exchange or trade of such land be 
entered into before that date. 

(b) Notwithstanding the provisions of Parts 10 or 11 of Article 10 of Chapter 
143B of the General Statutes, or any other provision of law, no real property or any estate 
or interest in real property consisting of railroad right-of-way or used for railroad 
purposes located in Carteret County may be: 

(1) Sold; 

(2) Contracted for sale; 

(3) Subjected to any option for sale; 

(4) Abandoned; or 

(5) Otherwise disposed of 



July 8, 1992 



252 SENATE JOURNAL [Second Session 

before July 1, 1993, by the State of North Carolina or any State agency, authority, 
board, or commission. This subsection is effective upon ratification. 

(c) Notwithstanding the provisions of Parts 10 or 1 1 of Article 10 of Chapter 143B 
of the General Statutes, or any other provision of law, no real property or any estate or 
interest in real property consisting of railroad right-of-way or used for railroad purposes 
may be: 

(1) Sold; 

(2) Contracted for sale; 

(3) Subjected to any option for sale; 

(4) Abandoned; or 

(5) Otherwise disposed of 

before July 1 , 1993, by any company or corporation in which the State of North Carolina 
or any State board, agency, or commission owns one hundred percent (100%) of the 
voting stock. This subsection is effective upon ratification. 

(d) This section is effective upon ratification. 

Requested by: Senators Royall, Martin of Guilford, Goldston, 

Representatives Bowman, N.J. Crawford, McLaughlin, Holt 
STATE INFORMATION MANAGEMENT TECHNOLOGY 

Sec. 14. (a) G.S. 143B-426.21 reads as rewritten: 
"§ 1 4 3B -4 26>21. — Information Technology Commission^ 

(a) Creation; M e mbership. The Information Technology Commission is cr e ated in 

the Office of the State Controller. The Commission consists of tho following members: 
■(44- Ex officio members: tho Governor, Li e utenant Gov e rnor, S e cretary of the 
Department of Administration, State Budget Officer, State Auditor, State Treasurer, 
Secretary of State, Superintendent of Public Instruction, Commissioner of Agriculture, 
Commissioner of Labor, Commissioner of Insurance, State President of th e Department 
of Community Colleges, Chair of the Governor's Committ ee on Data Processing and 
Information Syst e ms, Chair of the State Information Processing Services Advisory 
Board, and th e Legislativ e S e rvices Officer or his designee. 

■(24- Other members: — one citizen of tho State of North Carolina with a 
background in and familiarity with information systems or telecommunica - 
tions appointed by tho General Assembly upon tho recommendation of tho 
Pr es id e nt Pro Tempore of the Senate in accordanc e with G.S. 120 - 121 , and 
one citizen of tho State of North Carolina with a background in and familiar - 
ity with information systems or tel e communications appointed by the 
General Assembly upon tho recommendation of tho Speaker of tho House of 

Roprosontativos in accordance with G.S. 120 - 121. Tho two initial 

members appointed by tho General Assembly shall each serve a term 

beginning on the 60th day following Juno 6, 1989, and expiring on Juno 30, 

1993. Ther e after, their successors shall be appointed for four - year terms, 

comm e ncing July 1 . Vacancies in the two legislativ e appointments shall be 

filled as provided in G.S. 120 - 122. 

Members of tho Commission shall not bo employed by nor serve on tho board of 

directors or other corporate governing body of any information systems, computer 

hardware, computer softwar e , or telecommunications vendor of goods and s e rvic e s to 

tho State of North Carolina. 

The Governor shall chair the Commission and th e Secretary of Administration shall b e 
secretary to tho Commission. Tho Commission shall moot at tho call of tho chairman or 
at tho request of a majority of its members. Tho Office of tho State Controller shall 
provide staff support and other services required by the Commission. 

-(b) — Powers and Duties. - — Tho Commission has tho following powers and duties: 
■(44- To approve or disapprove proposals by tho State Information Processing 

Services under G.S. 143B - 426.40; 
■(2)- To obtain information relevant to th e decisions requir e d of tho Commission 
under G.S. 143B - 126.'10 from tho affected departments; and 



July 8, 1992 



1992] SENATE JOURNAL 253 

{£}. To develop a comprehensive plan, covering tho current and following 
biennium, for the acquisition and use of information technology resources in 
tho affected departments, which shall be updated annually and shall be sub - 
mitted to tho General Assembly on tho first day of each regular se ssion. 
§ 143B-426.21. Information Resource Management Commission. 

(a^ Creation: Membership. — The Information Resource Management Commission 
is created in the Office of the State Controller. The Commission consists of the following 
members: 

(1) Four members of the Council of State, appointed bv the Governor. 

(2) The Secretary of Administration. 
QX The State Budget Officer. 

(4) Two members of the Governor's cabinet , appointed bv the Governor. 

iSX One citizen of the State of North Carolina with a background in and 
familiarity with information systems or telecommunications, appointed bv 
the General Assembly upon the recommendation of the President Pro 
Tempore of the Senate in accordance with G.S. 120-121. 

Xfil One citizen of the State of North Carolina with a background in and 
familiarity with information systems or telecommunications, appointed bv 
the General Assembly upon the recommendation of the Speaker of the 
House of Representatives in accordanc e with G.S. 120-121. 

£TL The Chair of the Governor's Committee on Data Processing and 
Information Systems. 

£8J. The Chair of the State Information Processing Services Advisory Board. 
Members of the Commission shall not be employed bv or serve on the board of 
directors or other corporate governing body of anv information systems, computer 
hardware, computer software, or telecommunications vendor of goods and services to 

the Slate of North Carolina- 

The two initial cabinet members appointed by the Governor and the two initial citizen 
members appointed bv the General Assembly shall each serve a term beginning 
September 1. 1992. and expiring on June 30. 1995. Thereafter, their successors shall be 
appointed for four-year terms, commencing July 1 . Members of the Gov ernor's cabinet 
shall be disqualified from completing a term of service of the Commission if they are no 
lon g er cabi n et members, 

The appointees by the Governor from the Council of State shall each serve a term 
beginning on September L 1992, and expiring on June 30, 1993- Thereafter, their 
successors shall be appointed for four-year terms, com mencin g Ju ly l . Members of the 
Coyncil of state shall be disqualified from completing a term of service on the 
Commission if thev are no longer members of the Council of State. 

Vacancies in the two legislative appointments shall be filled as provided in 
G.S. 120-122. 

The Commission chair shall be elected in the first meeting of each calendar year from 
among the appointees of the Governor from the Council of State and shall serve a term of 
one year. The Secretary of Administration shall be secretary to the Commission. 

No member of the Information Resource Management Commission shall vote on an 
action affecting solely his or her own State agency. 

(b) Powers and Duties. — The Commission has the following powers and duties: 
UX Tq develop, approve, and publish a statewide information technology 
strategy covering the current and following biennium that shall be updated 
annually and shall be submitted to the General Assembly on the first day of 
each regular session, 
121 To develop, approve, and sponsor statewid e tech no lo gy i n i tiatives , and to 
report on those initiatives in the annual update of the st atewide information 
technology strategy, 



July 8, 1992 



254 SENATE JOURNAL [Second Session 

QX To review and approve biennially the information technology plans of the 
executive agencies, including their plans for the procurement and use of 
personal computers and workstations. 

£4). To recommend to the Governor and the Office of State Budget and 
Management the relative priorities across executive agen cy information 
technology plans. 

iSX To establish a quality assurance policy for all agency information 

technology projects, information systems training pro grams, and 

information systems docum entation. 

l&L To establish and enforce a quality review and expenditure review procedure 
for major agency information technology projects. 

£Z1 To review and approve expenditures from appropriations made to the Office 
of State Budget and Management for the purpose of creating a Computer 
Reserve Fund. 

(8) To develop and promote a policy and procedures for the fair and competitive 

procurement of information technology consistent with the rules of the 

Department of Administration and consistent with published industry 

standards for open systems that prov ide agencies with a vendor-neutral 

operating environment where different information technology hardware, 

software, and networks operate together easily and reliably. 

(c) Meetings. — The Information Resources Management Commission shall adopt 

bvlaws containing rules governing its meeting procedures. The Information Resources 

Management Commission shall meet at least monthly. " 

(b) Of the funds appropriated from the General Fund to the Office of State 
Controller for the 1992-93 fiscal year, the sum of two million two hundred thousand 
dollars ($2,200,000) shall be used for the purpose of continuing development and 
implementation of the new State Accounting System. No expenditure shall be made 
from this fund by the Office of State Controller until the Information Resource 
Management Commission created in subsection (a) of this section has reviewed and 
approved the Office of State Controller's design, implementation strategy, and 
expenditure plan for the State Accounting System. The Information Resource 
Management Commission shall report the results of its review and the rationale for its 
approval of the expenditure to the Joint Legislative Commission on Governmental 
Operations, the Fiscal Research Division, and the State Government Performance Audit 
Committee. The Information Resource Management Commission shall apply its quality 
assurance policy and quality review procedures to the Office of State Controller's State 
Accounting System project. 

(c) Of the funds appropriated from the Highway Fund to the Department of 
Transportation for the 1992-93 fiscal year, the sum of two million nine hundred forty- 
four thousand nine hundred twenty-two dollars ($2,944,922) shall be used for the 
purpose of continuing development and implementation of the Department's Financial 
Accounting and Reporting System. No expenditure shall be made from this fund by the 
Department of Transportation until the Information Resource Management Commission 
created in subsection (a) of this section has reviewed and approved the Department of 
Transportation's design, implementation strategy, and expenditure plan for its portion 
of the State Accounting System and all other components of the Department's Financial 
Accounting and Reporting System. The Information Resource Management 
Commission shall report the results of its review and the rationale for its approval of the 
expenditure to the Joint Legislative Commission on Governmental Operations, the Fiscal 
Research Division, and the State Government Performance Audit Committee. The 
Information Resource Management Commission shall apply its quality assurance policy 
and quality review procedures to the Department of Transportation's Financial 
Accounting and Reporting System. 

In any contract entered into between the Department of Transportation and any 
vendor or consultant for services involving the design, development, programming, 



July 8, 1992 



1992] SENATE JOURNAL 255 

installation, or maintenance of financial management information systems in the 
Department of Transportation and in any contract entered into between the Office of 
State Controller and any vendor or consultant for services involving the design, 
development, programming, installation, or maintenance of financial management 
information systems in the Department of Transportation, there shall be specific 
performance, testing, and acceptance criteria that the vendor must meet and a deadline 
for meeting those criteria . The State ' s contract administrator shall make no payment for 
work done on the contract until the contract administrator has completed a testing and 
acceptance review of the contract's deliverables and certified that the services provided 
meet the criteria. In the event the service provided does not meet the contract specifica- 
tions at the time of the due date for the deliverables, the contractor shall be liable for 
consequential damages and other remedies. The Department shall not issue to the 
contractor any waiver of consequential damages resulting from the contractor's failure to 
deliver services and products that meet the contract administrator's performance, 
testing, and acceptance criteria at the time of the due date for the deliverables. 

In issuing any contract, whether through competitive bid or through waiver of 
competitive bid, entered into between the Department of Transportation and any vendor 
or consultant for services involving the design, development, programming, installation, 
or maintenance of financial management information systems in the Department of 
Transportation, the Department of Transportation shall require a performance bond or 
another performance guarantee up to the full amount of the contract. 

(d) Of the funds appropriated from the Highway Fund to the Department of 
Transportation for the 1992-93 fiscal year, the sum of two million nine hundred forty- 
eight thousand six hundred dollars ($2,948,600) shall be used for the purpose of 
designing, developing, testing, and implementing a drivers' license computer system. 
The Information Resource Management Commission created by this section shall review 
the Department of Transportation's design, implementation strategy, and expenditure 
plan for the drivers' license computer system and shall report the results of its review to 
the Joint Legislative Commission on Governmental Operations, the Fiscal Research 
Division, and the Government Performance Audit Committee. The Information 
Resource Management Commission shall apply its quality assurance policy and quality 
review procedures to the Department of Transportation's drivers license computer 
system. 

(e) Executive agencies shall not, before October 1 , 1992, spend funds to design, 
develop, or implement mainframe agency computing systems separate from the main- 
frame computer system operated by the State Information Processing Services without 
prior approval of the Information Resource Management Commission. The Commis- 
sion shall submit a report of the action to a meeting of the Joint Legislative Commission 
on Governmental Operations. 

(f) G.S. 120-123(57) reads as rewritten: 

"(57) Tke — Information — Technology Commission, Information Resource 
Management Commission, as established by G.S. 143B-426.21." 

(g) G.S. 143B-426.40 reads as rewritten: 

"§ 143B-426.40. State Information Processing Services. 

With respect to all executive departments and agencies of State government, except 
the Department of Justice and The University of North Carolina, the Office of State 
Controller shall have the following powers and duties: 

(1) To establish and operate information resource centers and services to serve 
two or more departments on a cost-sharing basis, if the Information 
Technology Commission Information Resources Management Commission 
decides it is advisable from the standpoint of efficiency and economy to 
establish these centers and services; 

(2) With the approval of the Information — Technology — Commission, 
Informati on Resources Management Commission, to charge each 



July 8, 1992 



256 SENATE JOURNAL [Second Session 

department for which services are performed its proportionate part of the 
cost of maintaining and operating the shared centers and services; 

(3) With the approval of the Information — Technology — Commission, 

Information Resources Management Comm is s ion, to require any 

department served to transfer to the Office of the State Controller 
ownership, custody, or control of information processing equipment, 
supplies, and positions required by the shared centers and services; 

(4) With the approval of the Information — Technology — Commission, 
Information Resources Management Commission, to adopt reasonable 
rules for the efficient and economical management and operation of the 
shared centers, services, and the integrated State telecommunications 
network; 

(5) With the approval of the Information — Technology — Commission, 
Information Resources Management Commission, to adopt plans, policies, 
procedures, and rules for the acquisition, management, and use of informa- 
tion technology resources in the departments affected by this subdivision to 
facilitate more efficient and economic use of information technology in 
these departments; and 

(6) To develop and promote training programs to efficiently implement, use, 
and manage information technology resources. 

The Department of Revenue is authorized to deviate from this subsection's 
requirements that departments or agencies consolidate information processing functions 
on equipment owned, controlled or under custody of the State Information Processing 
Services. All deviations from this subsection's requirements shall be reported in writing 
within 15 days by the Department of Revenue to the Information Technology 
Commission Information Resources Management Commission and shall be consistent 
with available funding. The Department of Revenue is authorized to adopt and shall 
adopt plans, policies, procedures, requirements and rules for the acquisition, 
management, and use of information processing equipment, information processing 
programs, data communications capabilities, and information systems personnel in the 
Department of Revenue. If the plans, policies, procedures, requirements, rules, or 
standards adopted by the Department of Revenue deviate from the policies, procedures, 
or guidelines adopted by the State Information Processing Services or the Information 
Technology Commission, Information Resources Management Commission, those 
deviations shall be allowed and shall be reported in writing within 15 days by the 
Department of Revenue to the Information Technology Commission. Information 
Resources Management Commission. The Department of Revenue and the State 
Information Processing Services shall develop data communications capabilities between 
the two computer centers utilizing the North Carolina Integrated Network, subject to a 
security review by the Secretary of Revenue. 

The Department of Revenue shall prepare a plan to allow for substantial recovery and 
operation of major, critical computer applications. The plan shall include the names of 
the computer programs, databases, and data communications capabilities, identify the 
maximum amount of outage that can occur prior to the initiation of the plan and 
resumption of operation. The plan shall be consistent with commonly accepted practices 
for disaster recovery in the information processing industry. The plan shall be tested as 
soon as practical, but not later than six months, after the establishment of the 
Department of Revenue information processing capability. 

No data of a confidential nature, as defined in the General Statutes or federal law, may 
be entered into or processed through any cost-sharing information resource center or 
network established under this subdivision until safeguards for the data's security 
satisfactory to the department head and the State Controller have been designed and 
installed and are fully operational. Nothing in this subsection may be construed to 
prescribe what programs to satisfy a department's objectives are to be undertaken, nor to 
remove from the control and administration of the departments the responsibility for 



July 8, 1992 



1992] SENATE JOURNAL 257 

program efforts, regardless whether these efforts are specifically required by statute or 
are administered under the general program authority and responsibility of the 
department. This subdivision does not affect the provisions of G.S. 147-64.6, G.S. 
147-64.7, or G.S. 143B-426. 39(14). Notwithstanding any other provision of law, the 
Office of the State Controller shall provide information technology services on a 
cost-sharing basis to the General Assembly and its agencies as requested by the 
Legislative Services Commission." 

(h) Subsections (a) , (f) , and (g) of this section become effective on September 1 , 
1992, except that appointments to the Information Resources Management Commission 
may be made by the General Assembly at any time after ratification of this act. The 
remainder of this section becomes effective July 1, 1992. 

(i) This section becomes effective July 15, 1992. 

PART 8. GENERAL ASSEMBLY 

Requested by: Senators Martin of Guilford, Marvin, Odom, 

Representatives Redwine, Anderson, Dickson 

LRC LAW ENFORCEMENT COMMITTEE STUDY 

Sec. 15. The Legislative Research Commission's Committee on Law 
Enforcement Issues may study the problem of marital rape, its status under North 
Carolina law, and, specifically, whether the spousal defense under G.S. 14-27.8 ought 
to be abolished. The Legislative Research Commission may report the findings and 
recommendations of the study, if undertaken, to the 1993 General Assembly. 

Requested by: Senator Martin of Guilford, 

Representative Nesbitt 
LEGISLATIVE RESEARCH COMMISSION MEMBERS' TERMS 

Sec. 16. G.S. 120-30.11 reads as rewritten: 
"§ 120-30.11. Time of appointments; terms of office. 

Appointments to the Legislative Research Commission shall be made not earlier than 
the close of each regular session of the General Assembly held in the odd-numbered year 
nor later than 15 days subsequent to the close. The term of office shall begin on the day 
of appointment, and shall end on D e c e mber 1 5 of the next even - numb e r e d y e ar. Except 
for th e work of the Administrative Rules R e vi e w Committe e , no J anuary 15 of the next 
odd-numbered year. No moneys appropriated to the Legislative Research Commission 
may be expended for meetings of the Commission, its committees or subcommittees held 
after December 15 of th e next odd - numbered year January 15 of the next odd-numbered 
year and before the appointment of the next Legislative Research Commission." 

Requested by: Senators Martin of Guilford, Daniel, 

Representative Nesbitt 
PERFORMANCE AUDIT STUDY CONTINUED 

Sec. 17. Notwithstanding the provisions of Article 6B of Chapter 120 of the 
General Statutes and for the sole purpose of its advising the Legislative Services 
Commission on the conduct of the State government performance audit study directed by 
Section 347 of Chapter 689 of the 1991 Session Laws: 

(1) The existence of the Legislative Research Commission's Committee on the 
State Government Performance Audit shall continue until March 31, 1993, 
when it shall terminate; 

(2) Monies may be expended for the work and meetings of the Committee in 
reviewing and advising on the implementation and review of the State 
government performance audit until March 31, 1993; 

(3) The present membership of the Committee shall continue in existence until 
that date; provided, further, the President Pro Tempore of the Senate and 
the Speaker of the House of Representatives shall each appoint one member 
of the Finance Committee of the respective body as additional members of 
the Committee; 



July 8, 1992 



258 SENATE JOURNAL [Second Session 

(4) Vacancies in the membership of the Committee shall be filled by the original 
appointing authority. 

Requested by: Senators Basnight, Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
SEAFOOD AND AQUACULTURE FUNDS 

Sec. 18. Of the funds appropriated to the General Assembly's Legislative 
Services Commission's studies reserve for the 1992-93 fiscal year, the sum of ten 
thousand dollars ($10,000) shall be allocated for the Joint Legislative Commission on 
Seafood and Aquaculture. 

Requested by: Senators Perdue, Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
STATE REAL PROPERTY TRANSFERS STUDY COMMISSION 

Sec. 19. (a) There is created a State Real Property Transfers Study Commission 
to be composed of nine members: three Senators to be appointed by the President Pro 
Tempore of the Senate, three Representatives to be appointed by the Speaker of the 
House of Representatives, and three members to be appointed by the Governor. The 
appointees shall serve until the termination of the Commission. The President Pro 
Tempore of the Senate and the Speaker of the House of Representatives shall each 
designate a cochairman from their appointees. Either cochairman may call the first 
meeting of the Study Commission. Vacancies shall be filled in the same manner as the 
original appointments were made. 

(b) The Study Commission is authorized to study all aspects of the present system 
of, by any means, transferring, allocating, or disposing of real property owned by the 
State or any of its agencies. The study shall include, but is not limited to, an 
examination of: 

(1) The procedures involved in the transfer of any interest in state real property, 

(2) The number and size of the transfers, 

(3) The adequacy of safeguards to protect the State's interests, and 

(4) The statutes and experience of other states in this regard. 

(c) With the prior approval of the Legislative Services Commission, the 
Legislative Administrative Officer shall assign professional and clerical staff to assist in 
the work of the Commission. Clerical staff shall be furnished to the Commission through 
the Offices of the House and Senate Supervisors of Clerks. The expenses of employment 
of the clerical staff shall be borne by the Commission. With the prior approval of the 
Legislative Services Commission, the Study Commission may hold its meetings in the 
State Legislative Building or the Legislative Office Building. 

(d) The Study Commission shall submit a final written report of its findings and 
recommendations, including legislation, on or before the convening of the 1993 Session 
of the General Assembly. All reports shall be filed with the President Pro Tempore of the 
Senate and the Speaker of the House of Representatives. Upon filing its final report, the 
Commission shall terminate. 

(e) Members of the Commission shall be paid per diem, subsistence, and travel 
allowances as follows: 

(1) Commission members who are also members of the General Assembly, at 
the rate established in G.S. 120-3.1; 

(2) Commission members who are officials or employees of the State or local 
government agencies, at the rate established in G.S. 138-6; 

(3) All other Commission members, at the rate established in G.S. 138-5. 

(f) There is allocated from the funds appropriated to the General Assembly's 
Legislative Services Commission's studies reserve to the State Real property Transfers 
Study Commission for its work the sum of fifteen thousand dollars ($15,000) for the 
1992-93 fiscal year. 



July 8, 1992 



1992] SENATE JOURNAL 259 

PART 9. DEPARTMENT OF REVENUE 

Requested by: Senators Conder, Shaw, Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
CONTROLLED SUBSTANCE TAX PROCEEDS 

Sec. 20. (a) Of the funds in the State Controlled Substance Tax Fund created in 
Section 6 of Chapter 772 of the 1989 Session Laws, the sum of five hundred ninety-four 
thousand one hundred fifty-eight dollars ($594,158) is transferred to the General Fund 
for the 1992-93 fiscal year to support the cost of administering the controlled substance 
tax levied by Article 2D of Chapter 105 of the General Statutes. Of the remaining funds 
in the State Controlled Substance Tax Fund, all the funds that on July 1, 1992, are 
unencumbered and are not required to be remitted to law enforcement agencies pursuant 
toG.S. 105-113. 111(b) are transferred to the General Fund. Thereafter, any funds that 
become unencumbered and are not required to be remitted to law enforcement agencies 
pursuant to G.S. 105-113. 111(b) shall be transferred to the General Fund. 

(b) Section 6 of Chapter 772 of the 1989 Session Laws is repealed. 

(c) Article 2D of Chapter 105 of the General Statutes is amended by adding a new 
section to read: 

" § 105-113.113. Use of tax proceeds. 

The Secretary shall credit the proceeds of the tax levied by this Article to a special 
nonreverting account, to be called the State Controlled Substances Tax Account, until 
the tax proceeds are unencumbered. Tax proceeds are unencumbered when the taxpayer 
no longer has a current right to challenge the assessment of the tax. 

The Secretary shall, on a quarterly basis, remit the unencumbered tax proceeds as 
follows: seventv-five percent (75%) of the amount collected bv assessment shall be 
remitted to the State or local law enforcement agency that conducted the investigation of 
a dealer that led to the assessment: and the remainder of the unencumbered tax proceeds 
shall be cr edited to the General Fund- If more than one State or local law enforcement 
agency conducted the investigation, the Secretary shall determine the equitable pro rata 
share for each agency based on the contribution each agency made to the investigation. " 

(d) G.S. 105-113.111 reads as rewritten: 
"§ 105-113.111. Assessments. 

•(a)- Notwithstanding any other provision of law, an assessment against a dealer who 
possesses a controlled substance to which a stamp has not been affixed as required by this 
Article shall be made as provided in this section. The Secretary shall assess a tax, 
applicable penalties, and interest based on personal knowledge or information available 
to the Secretary. The Secretary shall notify the dealer in writing of the amount of the tax, 
penalty, and interest due, and demand its immediate payment. The notice and demand 
shall be either mailed to the dealer at the dealer's last known address or served on the 
dealer in person. If the dealer does not pay the tax, penalty, and interest immediately 
upon receipt of the notice and demand, the Secretary shall collect the tax, penalty, and 
interest pursuant to the procedure set forth in G.S. 105-241. 1(g) for jeopardy 
assessments or the procedure set forth in G.S. 105-242, including causing execution to 
be issued immediately against the personal property of the dealer unless the dealer files 
with the Secretary a bond in the amount of the asserted liability for the tax, penalty, and 
interest. The Secretary shall use all means available to collect the tax, penalty, and 
interest from any property in which the dealer has a legal, equitable, or beneficial 
interest. The dealer may seek review of the assessment as provided in Article 9 of this 
Chapter. 

(b) Of the monies collected pursuant to subsection (a), seventy - five percent (75%) 
shall be remitted to the State or local law enforcement agency that conducted the 
investigation of the dealer that led to the assessment under subsection (a) . If more than 
one State or local law enforcement agency conducted the investigation, the Secretary of 
th e Department of Revenue shall determine the equitable pro rata shar e for each ag e ncy 
based on the contribution each agency made to the investigation. " 



July 8, 1992 



260 SENATE JOURNAL [Second Session 

(e) This section becomes effective July 1, 1992. Subsections (b) through (d) 
apply to taxes collected on or after that date. 

Requested by Senators Shaw, Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
ADD CONTROLLED SUBSTANCE TAX POSITIONS 

Sec. 21 . Of the funds appropriated to the Department of Revenue in this act, the 
sum of sixty-four thousand seven hundred dollars ($64,700) for the 1992-93 fiscal year 
shall be used to support three additional positions in the Controlled Substance Tax 
Section of the Department of Revenue. 

PART 10. DEPARTMENT OF ADMINISTRATION 

Requested by: Senator Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
INDIAN CULTURAL CENTER 

Sec. 22. (a) Of the funds appropriated to the Department of Administration in 
Section 3 of Chapter 689 of the 1991 Session Laws , the sum of one thousand five hundred 
dollars ($1 ,500) shall be expended for maintenance of the following State lands located 
in Robeson County: 

(1) 386.69 acres contained in the deed dated April 14, 1983, and recorded in 
Deed Book 533, page 164, Robeson County Registry; 

(2) 386.69 acres contained in the deed dated August 24, 1984, and recorded in 
Deed Book 563, page 254, Robeson County Registry; 

(3) 99.62 acres contained in the deed dated March 20, 1985, and recorded in 
Deed Book 575, page 523, Robeson County Registry; and 

(4) 10.00 acres contained in the deed dated September 11, 1985, and recorded 
in Deed Book 586, page 142, Robeson County Registry. 

The public golf course known as the Riverside Golf Course, and any Indian 
Cultural Center developed or constructed on the above referenced lands shall be included 
in lands for which funds may be expended for maintenance under this section. No Indian 
Cultural Center developed or constructed on any of the above referenced lands shall be 
built on a public golf course, unless prior approval is granted by the General Assembly. 
No lease on the public golf course known as the Riverside Golf Course shall be entered 
into by the Department of Administration for a lease term in excess of 12 months unless 
prior approval is granted by the General Assembly. 

Nothing in this provision shall be construed as being inconsistent with the 
provisions of Section 18 of Chapter 1074 of the 1989 Session Laws. 

Any lease of the lands and buildings comprising the public golf course known as 
the Riverside Golf Course entered into by the State of North Carolina and any entity other 
than the North Carolina Indian Cultural Center, Inc. , shall by its terms continue the use 
of the lands and buildings as a public golf course. 

(b) The General Assembly's Legislative Research Commission Study Committee 
on the North Carolina Indian Cultural Center, Inc . , authorized by Section 2 . 4 of Chapter 
754 of the 1991 Session Laws, shall study provisions of the Charter of the North Carolina 
Indian Cultural Center, Inc., relating to membership on the organization's Board of 
Directors and the feasibility of the coexistence of the Riverside Golf Course and the 
Indian Cultural Center, and shall report its findings and recommendations to the 1993 
General Assembly. 

(c) The Office of the State Auditor shall conduct a financial audit of the North 
Carolina Indian Cultural Center, Inc . , and shall report the results of the audit to the 1 993 
General Assembly. 

(d) The Department of Administration shall complete the environmental impact 
assessment for which funds were appropriated under Section 18 of Chapter 1074 of the 
1989 Session Laws not later than October 1, 1992. 

(e) Subsection (a) of Section 18 of Chapter 1074 of the 1989 Session Laws reads 
as rewritten: 



July 8, 1992 



1992] SENATE JOURNAL 261 

" (a) The State of North Carolina shall lease out to the North Carolina Indian Cultural 
Center. Inc. . for a period of 99 years at a monetary consideration of $1.00 per year all 
the real property it acquired for the Indian Cultural Center, but no part of Phase I of the 
project may be constructed either by the State or for the lessee until an environmental 
impact assessment is completed on Phase I of the property, and if required pursuant to 
Article 1 of Chapter 1 1 3A of the General Statutes , an environmental impact statement is 
prepared. The Slate shall enter into a lease agreement in accordance with t his section not 
later than June 30. 1993. If the State and the North Carolina Indian Cultural Center. 
Inc.. do not enter into a lease agreement by June 30. 1993. then the property mav be used 
for anv public purpose. 

Any lease agreement entered into by the State with the North Carolina Indian Cultural 
Center, Inc., shall include but not be limited to the following terms: 

(1) An environmental impact assessment pursuant to Article 1 of Chapter 113A 
of the General Statutes is completed on Phase I of the property. 

(2) The lease shall include a reversionary clause stipulating that the North 
Carolina Indian Cultural Center, Inc . , must have the $4,160, 000 necessary 
to complete Phase I of this project in their possession, unencumbered, and 
subject to its immediate disposal within five three years from the date of 
execution of the lease agreement. 

(3) If the funds are not so possessed within f+ve three years from the date of 
execution, then this lease agreement will automatically terminate. 

(4) The North Carolina Indian Cultural Center, Inc., as lessee, may conduct 
no construction of Phase I on the premises until it has fulfilled the terms of 
the lease agreement. 

iSX The N or th Carolina Indian Cultural Center, Inc. , as lessee, shall enter into 
a sublease agreement with the operator of the land and buildings known as 
the Riverside Coif Coyrse to continue the operation and maintenance of the 
Riverside Golf Course under the same terms as the lease agreement between 
the State and th e operator of the Riverside Golf Course. The sublease 
a greement shall be renewable annually until such time as the terms of the 
lease agreement as required under subdivisions (1) through (4) of this 
subsection have b een fulfilled. " 

(f) This section is effective upon ratification. 

Requested by: Senator Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
MOTOR FLEET MANAGEMENT/RETURN OF GENERAL FUND 
INVESTMENT 

Sec. 23. On April 1, 1993, the Department of Administration shall credit to the 
Office of State Treasurer, Nontax Revenues, the sum of one million six hundred 
thousand dollars ($1,600,000). These funds represent a partial return to the General 
Fund of its investment of five million one hundred thousand dollars ($5, 100,000) for the 
upgrading of the State motor fleet appropriated in Section 57 of Chapter 757 of the 1985 
Session Laws. 

Requested by: Senator Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
SURPLUS PROPERTY WAREHOUSING FEES/GENERAL FUND 

Sec. 24. G.S. 143-64.05 reads as rewritten: 
"§ 143-64.05. Warehousing, transfer, etc., charges. 

The State agency for surplus property may assess and collect service charges or fees for 
the acquisition, receipt, warehousing, distribution or transfer of any State surplus 
property. All receipts from the transfer or sale of surplus, obsolete, or unused equipment 
of State departments, institutions, and agencies, that are supported by appropriations 
from the General Fund, except where the receipts have been anticipated for, or budgeted 
against the cost of replacements, shall bo placed by the Secretary in an equipment reserve 



July 8, 1992 



262 SENATE JOURNAL [Second Session 

fund from which expenditures may bo mado only with prior approval of tho Director of 
the Budget. Prior to taking any action under this section concerning expenditures from 
tho equipment reserve fund, tho Secretary shall consult with the Advisory Budget 
Commission and the Joint L e gislative Commission on Governmental Qporations. shall 
be credited bv the Secretary to the Office of State Treasurer. Nontax Revenues. " 

Requested by: Senator Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
AGENCY FOR PUBLIC TELECOMMUNICATIONS BUDGET CODE 

Sec. 25. Effective July 1, 1992, the program-generated receipts of and 
appropriations to the Agency for Public Telecommunications shall be accounted for 
within a single General Fund purpose code. 

Requested by: Senator Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
AQUARIUM SOCIETY LEASE EXEMPTION 

Sec. 26. The Department of Administration may enter into leases with the North 
Carolina Aquarium Society, a nonprofit corporation whose sole purpose is to assist 
financially the three State supported aquariums. Any leases entered into pursuant to this 
section are exempt from the provisions of G.S. 146-29.1. 

PART 11. DEPARTMENT OF INSURANCE 

Requested by: Senator Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
DATA FROM HEALTH CARE PROVIDERS 

Sec. 27. G.S. 131E-212(b)(9) reads as rewritten: 

" (9) The Commission shall implement plans for the submission of data from all 
health care providers beginning with the free-standing ambulatory surgery 
<Hm4gfs^ centers, subject to the availability of funds appropriated for this 
purpose bv the General Assembly. " 

PART 12. DEPARTMENT OF SECRETARY OF STATE 

Requested by: Senator Martin of Guilford, 

Representatives Bowman, N.J. Crawford 
SECRETARY OF STATE COMPUTER SYSTEM RENOVATION 

Sec. 28. (a) Effective July 1, 1992, through June 30, 1993, notwithstanding the 
provisions of G.S. 143-16.3, the Office of State Budget and Management may transfer 
up to one hundred thousand dollars ($100,000) in the 1992-93 fiscal year from the 
Reserve for Data Processing to the Corporations Division of the Department of the 
Secretary of State for program development and ongoing program support of the 
computer system. 

(b) This section does not apply to allow expenditure for Voice Mail Programming. 

PART 13. SALARIES AND BENEFITS 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
SALARY-RELATED CONTRIBUTIONS/EMPLOYERS 

Sec. 29. Section 188(c) of Chapter 689 of the 1991 Session Laws, as amended by 
Section 5 of Chapter 812 of the 1991 Session Laws, reads as rewritten: 

"(c) Effective July 1, 1992, the State's employer contribution rates budgeted for retire- 
ment and related benefits as a percentage of covered salaries for the 1992-93 fiscal year 
are (i) ten and ninety-three hundredths percent (10.93%) - Teachers and State 
Employees; (ii) fifteen and ninety-three hundredths percent (15.93%) - State Law 
Enforcement Officers; (iii) eight and sixty-six ei ghty-eig ht hundredths percent ( 8 .66%) 
f8.88%^ - University Employees' Optional Retirement Program; (iv) twenty-six and 



July 8, 1992 



1992] SENATE JOURNAL 263 

three hundredths percent (26.03%) - Consolidated Judicial Retirement System; and (v) 
thirty-two and thirty hundredths percent (32.30%) - Legislative Retirement System. 
Each of the foregoing contribution rates includes two percent (2%) for hospital and 
medical benefits. The rate for State Law Enforcement Officers includes five percent 
(5%) for the Supplemental Retirement Income Plan. The rates for Teachers and State 
Employees, State Law Enforcement Officers, and for the University Employees' 
Optional Retirement Program includes forty-two hundredths percent (0.42%) for the 
Disability Income Plan." 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
IMPLEMENTATION OF THE TEACHER SALARY SCHEDULE AND 
PROVIDE A RAISE TO ALL OTHER STATE EMPLOYEES. 

INTRODUCTION 

Sec. 30. In 1989, the General Assembly began the process of implementing a 
rational and equitable pay schedule for public school teachers. The General Assembly 
anticipated completing the implementation of the salary schedule during the 1991-92 
fiscal year but was unable to do so because of severe budgetary constraints. 

Sound personnel policy makes it imperative that the General Assembly complete 
the implementation of the teacher salary schedule during the 1992-93 fiscal year. When 
the teacher salary schedule is fully implemented, each teacher will be paid based on 
teaching experience. 

Since the 1965-66 fiscal year, only two of the pay raises granted by the General 
Assembly to State employees have included a lump-sum amount for each State 
employee. By consistently giving State employees percentage pay increases instead of 
lump-sum increases, the General Assembly has created an enormous discrepancy 
between the upper and lower end of the State employee salary schedule. State employees 
at the lower end of the salary schedule are experiencing great financial difficulties 
because of the condition of the economy and the cost of living. A lump-sum salary 
increase will, on a percentage basis, benefit most the employees at the lower end of the 
salary schedule and will slightly reduce the percentage gap between the upper and lower 
ends of the salary schedule. 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
APPROPRIATIONS 

Sec. 31 . (a) Of the funds appropriated from the General Fund to the Reserve for 
Salary Increases, the sum of sixty-two million nine hundred fifty-six thousand eight 
hundred seventy dollars ($62,956,870) for the 1992-93 fiscal year shall be used to 
provide raises for State employees and school personnel other than teachers. 

(b) Of the funds appropriated from the Highway Fund to the Reserve for Salary 
Increases, the sum of six million seven hundred twenty-five thousand two hundred fifty- 
four dollars ($6,725,254) for the 1992-93 fiscal year shall be used to provide raises for 
State employees. 

(c) Of the funds appropriated from the General Fund to the Reserve for Salary 
Increases, the sum of forty-eight million seventy thousand dollars ($48,070,000) for the 
1992-93 fiscal year shall be used to implement the teacher salary schedule provided in 
Section 72 of this act. This is the equivalent of two percent (2%) of teacher payroll. 

(d) Of the funds appropriated from the Highway Fund to the Reserve for Salary 
Increases, the sum of three hundred twenty thousand dollars ($320,000) for the 1992-93 
fiscal year shall be used to implement the teacher salary schedule provided in Section 72 
of this act. This is the equivalent of two percent (2%) of teacher payroll. 

(e) Of the funds appropriated from the General Fund to the Reserve for Salary 
Increases, the sum of four million one hundred thirteen thousand two hundred fifty-eight 
dollars ($4,113,258) shall be used to implement salary increases for employees in locally 
operated State-funded programs as provided in Section 55 of this act. 



July 8, 1992 



264 SENATE JOURNAL [Second Session 

Requested by: Senator Winner 
GOVERNOR'S SALARY INCREASE 

Sec. 32. (a) G.S. 147-1 1(a) reads as rewritten: 
"(a) The salary of the Governor shall be one hundred twonty - throo thousand throo 
hundred dollars f$123.300) one hundred twentv-three thousand eight hundred twentv- 
two dollars f$123.822) annually, payable monthly." 

(b) Effective January 1 , 1993, G.S. 147-1 1(a), as rewritten by subsection (a) of 
this section, reads as rewritten: 

" (a) The salary of the Governor shall be one hundred twonty-throo thousand eight 
hundred twonty - two dollars ($133. 8 32) ninetv-one thousand nine hundred thirtv-eight 
dollars f $91. 938) annually, payable monthly." 

Requested by: Senator Basnight, 

Representatives Nesbitt, Diamont 
COUNCIL OF STATE/SALARY INCREASE 

Sec. 33. The annual salaries for members of the Council of State, payable 
monthly, for the 1992-93 fiscal year are: 

Council of State 1992-93 

Lieutenant Governor $75,774 

Attorney General 75,774 

Secretary of State 75,774 

State Treasurer 75,774 

State Auditor 75,774 

Superintendent of Public Instruction 75,774 

Agriculture Commissioner 75,774 

Insurance Commissioner 75,774 

Labor Commissioner 75,774. 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 

NONELECTED DEPARTMENT HEAD/SALARY INCREASES 

Sec. 34. In accordance with G.S. 143B-9, the maximum annual salaries, pay- 
able monthly, for the nonelected heads of the principal State departments for the 
1992-93 fiscal year are: 

Nonelected Department Heads 1992-93 

Secretary of Administration $75,774 

Secretary of Correction 75,774 

Secretary of Crime Control and Public Safety 75,774 

Secretary of Cultural Resources 75,774 

Secretary of Economic and Community Development 75,774 

Secretary of Environment, Health, and Natural Resources 75,774 

Secretary of Human Resources 75,774 

Secretary of Revenue 75,774 

Secretary of Transportation 75,774. 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
LEGISLATORS/SALARY AND EXPENSES INCREASE 

Sec. 35. Effective upon convening of the 1993 Regular Session of the General 
Assembly, G.S. 120-3 reads as rewritten: 
"§ 120-3. Pay of members and officers of the General Assembly. 

(a) The Speaker of the House shall be paid an annual salary of thirty - fivo thousand 
ono hundred dollars ($35,100), thirtv-five thousand six hundred twentv-two dollars 
($35.622). payable monthly, and an expense allowance of one thousand three hundred 
twenty dollars ($1 ,320) per month. The President Pro Tempore of the Senate shall be 
paid an annual salary of thirty - fivo thousand ono hundred dollars ($35. 100) . thirtv-five 



July 8, 1992 



1992] SENATE JOURNAL 265 

thousand six hundred twentv-two dollars f $35. 622). payable monthly, and an expense 
allowance of one thousand three hundred twenty dollars ($1,320) per month. The 
Speaker Pro Tempore of the House shall be paid an annual salary of ninotoon thousand 
r . nvnn hnnrfrod r . Qvonty - r . ix dollars ($19.776) . twenty thousand two hundred ninetv-eight 
dollars ($20.298). payable monthly, and an expense allowance of seven hundred eighty 
dollars ($780.00) per month, the Deputy President Pro Tempore of the Senate shall be 
paid an annual salary of ninotoon thousand sove - n hundred sovonty - six dollars 
($19,776), twenty thousand two hundred ninetv-eight dollars ($20.298). payable 
monthly, and an expense allowance of seven hundred eighty dollars ($780.00) per 
month. The majority and minority leaders in the House and the majority and minority 
leaders in the Senate shall be paid an annual salary of fifteen thousand thr e e hundr e d 
ninoty - r.ix dollars ($15.396). fifteen thousand nine hundred eighteen dollars ($15.918). 
payable monthly, and an expense allowance of six hundred twenty-two dollars 
($622.00) per month. 

(b) Every other member of the General Assembly shall receive increases in annual 
salary only to the extent of and in the amounts equal to the average increases received by 
employees of the State, effective upon convening of the next Regular Session of the 
General Assembly after enactment of these increased amounts. Accordingly, upon 
convening of the 1991 1993 Regular Session of the General Assembly, every other 
member of the General Assembly shall be paid an annual salary of twelve thousand five 
hundred four dollars ($12,504), thirteen thousand twentv-six dollars ($13.026). 
payable monthly, and an expense allowance of five hundred twenty-two dollars 
($522.00) per month. 

(c) The salary and expense allowances provided in this section are in addition to any 
per diem compensation and any subsistence and travel allowance authorized by any other 
law with respect to any regular or extra session of the General Assembly, and service on 
any State board, agency, commission, standing committee and study commission." 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
GENERAL ASSEMBLY PRINCIPAL CLERKS/SALARY INCREASES 
Sec. 36. G.S. 120-37(c) reads as rewritten: 
"(c) The principal clerks shall be full-time officers. Each principal clerk shall be 
entitled to other benefits available to permanent legislative employees and shall be paid 
an annual salary o f forty - throe thousand fivo hundred forty - oight dollars ($43,54 8 ) from 
July 1, 19 8 9 through Jun e 30, 1990, and an annual salary of forty - six thousand on e 
hundred sixty - four dollars ($46.164) on and after July 1. 1990. forty-six thousand six 
hundred eighty-six dollars ($46.686). payable monthly. The Legislative Services 
Commission shall review the salary of the principal clerks prior to submission of the 
proposed operating budget of the General Assembly to the Governor and Advisory Budget 
Commission and shall make appropriate recommendations for changes in those salaries. 
Any changes enacted by the General Assembly shall be by amendment to this 
paragraph." 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
SERGEANT-AT-ARMS AND READING CLERKS/SALARY INCREASES 
Sec. 37. G.S. 120-37 (b) reads as rewritten: 
"(b) The sergeant-at-arms and the reading clerk in each house shall be paid a salary 
of one hundred ninoty - sovon dollars ($197.00) por wook from July 1, 1989 through Juno 
30, 1990, and two hundred nine dollars ($209.00) por woek on and after July 1, 1990, 
two hundr ed nineteen dollars ($219. 00) per week . plus subsistence at the same daily rate 
provided for members of the General Assembly, plus mileage at the rate provided for 
members of the General Assembly for one round trip only from their homes to Raleigh 
and return. The sergeants-at-arms shall serve during sessions of the General Assembly 
and at such time prior to the convening of, and subsequent to adjournment or recess of, 



July 8, 1992 



266 SENATE JOURNAL [Second Session 

sessions as may be authorized by the Legislative Services Commission. The reading 
clerks shall serve during sessions only." 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
LEGISLATIVE EMPLOYEES/SALARY INCREASES 

Sec. 38. The Legislative Administrative Officer may increase the salaries of 
nonelected employees of the General Assembly in effect for fiscal year 1991-92 by 
forty-three dollars and fifty cents ($43.50) per month. Nothing in this act limits any of 
the provisions of G.S. 120-32. 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
JUDICIAL BRANCH OFFICIALS/SALARY INCREASE 

Sec. 39. (a) The annual salaries, payable monthly, for specified judicial branch 
officials for fiscal year 1992-93 are: 
Judicial Branch Officials 1992-93 

Chief Justice, Supreme Court $91,938 

Associate Justice, Supreme Court 90,054 

Chief Judge, Court of Appeals 87,186 

Judge, Court of Appeals 85,290 

Judge, Senior Regular Resident Superior Court 78,258 

Judge, Superior Court 75,774 

Chief Judge, District Court 66,918 

Judge, District Court 64,386 

District Attorney 70,554 

Assistant District Attorney - an average of 45,822 

Administrative Officer of the Courts 78,258 

Assistant Administrative Officer of the Courts 63,882 

Public Defender 70,554 

Assistant Public Defender - an average of 45,822. 

If an acting senior regular resident superior court judge is appointed under the 
provisions of G. S. 7A-41 , he shall receive the salary for Judge, Senior Regular Resident, 
Superior Court, until his temporary appointment is vacated, and the judge he replaces 
shall receive the salary indicated for Judge, Superior Court. 

The district attorney or public defender of a judicial district, with the approval of 
the Administrative Officer of the Courts, shall set the salaries of assistant district 
attorneys or assistant public defenders, respectively, in that district such that the average 
salaries of assistant district attorneys or assistant public defenders in that district do not 
exceed forty-five thousand eight hundred twenty-two dollars ($45,822), and the 
minimum salary of any assistant district attorney or assistant public defender is at least 
twenty-three thousand three hundred ninety-four dollars ($23,394) effective July 1, 
1992. 

(b) The salaries in effect for fiscal year 1991-92 for permanent, full-time 
employees of the Judicial Department, except for those whose salaries are itemized in 
this act, shall be increased by forty-three dollars and fifty cents ($43.50) per month, 
commencing July 1, 1992. 

(c) The salaries in effect for fiscal year 1991-92 for all permanent, part-time 
employees of the Judicial Department shall be increased on and after July 1 , 1 992 , by pro 
rata amounts of the forty-three dollars and fifty cents ($43.50) per month. 



July 8, 1992 



1992] SENATE JOURNAL 267 

Requested by: Senators Marvin, Parnell, 

Representatives Nesbitt, Diamont 
CLERK OF SUPERIOR COURT SALARY DETERMINATION/INCREASE 

Sec. 40. G.S. 7A-101 reads as rewritten: 
"§ 7A-101. Compensation. 

(a) The clerk of superior court is a full-time employee of the State and shall receive an 
annual salary, payable in equal monthly installments, based on the population of the 
county, as dotorminod by tho population projections of tho Offioo of State Budget and 
ft f nnr^nrrtont fnr thn ynnr prncoding tho firr . t yoar of each biennial budget, based on the 
population of the county as deter mined in subsection (al) of this section, according to 
the following schedule: 

Population Annual Salary 

19 8 9 - 90 1990 - 91 1992-93 

Less than 99,999 100.000 $ 11,256 16,920 $47.442 

100,000 to 199,999 50,016 53,02 8 53.550 

200,000 and above 57,072 60,501 61.026. 

When a county changes from one population group to another, the salary of the clerk 
shall be changed changed, on July 1 of the fiscal year for which the change is reported, to 
the salary appropriate for the new population group on July 1 of tho first yoar of each 
biennial budget, group, except that the salary of an incumbent clerk shall not be 
decreased by any change in population group during his continuance in office. 

(an For purposes of subsection (a) of this section, the population of a county for anv 
fiscal year shall be the population for the beginning of that fiscal year as reported bv the 
Office of State Planning to the Administrative Office of the Courts prior to the beginning 
of that fiscal year. 

(b) The clerk shall receive no fees or commission by virtue of his office. The salary set 
forth in this section is the clerk's sole official compensation, but if, on June 30, 1975, the 
salary of a particular clerk, by reason of previous but no longer authorized merit 
increments, is higher than that set forth in the table, that higher salary shall not be 
reduced during his continuance in office. 

(c) In lieu of merit and other increment raises paid to regular State employees, a clerk 
of superior court shall receive as longevity pay an amount equal to four and eight-tenths 
percent (4.8%) of the annual salary set forth in the Budget Appropriation Act payable 
monthly after five years of service, nine and six-tenths percent (9.6%) after 10 years of 
service, fourteen and four-tenths percent (14.4%) after 15 years of service, and 
nineteen and two-tenths percent (19.2%) after 20 years of service. Service shall mean 
service in the elective position of clerk of superior court , as an assistant clerk of court and 
as a supervisor of clerks of superior court with the Administrative Office of the Courts 
and shall not include service as a deputy or acting clerk. Service shall also mean service 
as a justice or judge of the General Court of Justice or as a district attorney." 

Requested by: Senator Cochrane, 

Representatives Nesbitt, Diamont 
MAGISTRATES' SERVICE PAY 

Sec. 41. G.S. 7A-171.1(4) reads as rewritten: 

"(4) Notwithstanding any other provision of this section, a magistrate with 10 
years' experience within the last 12 years as a sheriff or deputy sheriff, 
administrative officer for a district attorney, city or county police officer, 
campus police officer, wildlife officer, or highway patrolman in the State of 
North Carolina, or with 20 years' experience as a sheriff or deputy sheriff, 
citv or county police officer, campus police officer, wildlife officer, or 
highway patrolman in the State of North Carolina, or with 10 years' experi- 
ence within the last 12 years as clerk of superior court or an assistant or 
deputy clerk of court in the State of North Carolina shall receive the annual 
salary provided in the table in subdivision (1) for a magistrate with five years 



July 8, 1992 



268 SENATE JOURNAL [Second Session 

of service in addition to those the magistrate has served. A magistrate who 
qualifies for the increased salary under both subdivisions (3) and (4) of this 
subsection shall receive either the salary determined under subdivision (3) 
or that determined under subdivision (4), whichever is higher, but no 
more." 

ASSISTANT AND DEPUTY CLERKS OF COURT/SALARY INCREASE 

Sec. 42. G.S. 7A-102(c) reads as rewritten: 
"(c) Notwithstanding the provisions of subsection (a) , the Administrative Officer of 
the Courts shall establish an incremental salary plan for assistant clerks and for deputy 
clerks based on a series of salary steps corresponding to the steps contained in the Salary 
Plan for State Employees adopted by the Office of State Personnel, subject to a minimum 
and a maximum annual salary as set forth below. On and after July 1, 1985, each 
assistant clerk and each deputy clerk shall be eligible for an annual step increase in his 
salary plan based on satisfactory job performance as determined by each clerk. 
Notwithstanding the foregoing, if an assistant or deputy clerk's years of service in the 
office of superior court clerk would warrant an annual salary greater than the salary first 
established under this section, that assistant or deputy clerk shall be eligible on and after 
July 1, 1984, for an annual step increase in his salary plan. Furthermore, on and after 
July 1, 1985, that assistant or deputy clerk shall be eligible for an increase of two steps in 
his salary plan, and shall remain eligible for a two-step increase each year as 
recommended by each clerk until that assistant or deputy clerk's annual salary 
corresponds to his number of years of service. Any person covered by this subsection 
who would not receive a step increase in fiscal year 1992-93 because that person is at the 
top of the salary range as it existed for fiscal year 1 990-9 1 shall receive a salary increase 
to the maximum annual salary provided for fiscal year 1992-93 by subsection (c l) of this 
section. 

(cl) A full-time assistant clerk or a full-time deputy clerk shall be paid an annual 
salary subject to the following minimum and maximum rates: 
Assistant Clerks Annual Salary 

19 8 9 -- 90 1990 - 91 1992-93 

Minimum $ 19,536 20,712 $20.712 

Maximum 32,772 34,740 35.262 

Deputy Clerks Annual Salary 

19 8 9 - 90 1990 - 91 1992-93 

Minimum $ 15,312 16,236 $16.236 

Maximum 25,12 8 26,640 27.162. " 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
MAGISTRATES/SALARY INCREASE 

Sec. 43. G.S. 7A-171. 1(a)(1) reads as rewritten: 

"(1) A full-time magistrate, so designated by the Administrative Officer of the 
Courts, shall be paid the annual salary indicated in the table below 
according to the number of years he has served as a magistrate. The salary 
steps shall take effect on the anniversary of the date the magistrate was 
originally appointed: 

Table of Salaries of Full-Time Magistrates 
Number of Prior Years of Service Annual Salary 

19 8 9 - 90 1990 - 91 1992-93 

Less than 1 $ 15,600 $16,536 $17.058 

1 or more but less than 3 16,416 17,412 17.934 

3 or more but less than 5 1 8 ,0 8 4 19,176 19.698 

5 or more but less than 7 19,920 21,120 21.642 



July 8, 1992 



7 or more but less than 9 


21,972 


23,292 


9 or more but less than 11 


24, 204 


25,656 


11 or more 


26,628 


28,236 



1992] SENATE JOURNAL 269 

23.814 
26,1 7 ? 
23,758 . 

A 'Full-time magistrate' is a magistrate who is assigned to work an 
average of not less than 40 hours a week during his term of office. 

Notwithstanding any other provision of this subdivision, a full-time 
magistrate, who was serving as a magistrate on December 31, 1978, and 
who was receiving an annual salary in excess of that which would ordinarily 
be allowed under the provisions of this subdivision, shall not have the 
salary, which he was receiving reduced during any subsequent term as a 
full-time magistrate. That magistrate's salary shall be fixed at the salary 
level from the table above which is nearest and higher than the latest annual 
salary he was receiving on December 31, 1978, and, thereafter, shall 
advance in accordance with the schedule in the table above." 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
COMMUNITY COLLEGES PERSONNEL/SALARY INCREASES 

Sec. 44. The Director of the Budget may transfer from the Reserve for Salary 
Increases created in this act for fiscal year 1992-93 funds necessary to provide a salary 
increase of forty-three dollars and fifty cents ($43. 50) per month, including funds for the 
employer's retirement and social security contributions, commencing July 1, 1992, for 
all permanent full-time community college institutional personnel supported by State 
funds. All permanent part-time community college institutional personnel supported by 
State funds shall receive pro rata amounts of the forty-three dollars and fifty cents 
($43.50) per month. These funds may not be used for any purpose other than for the 
salary increases and necessary employer contributions provided by this section. 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
HIGHER EDUCATION PERSONNEL/SALARY INCREASES 

Sec. 45. The Director of the Budget may transfer from the Reserve for Salary 
Increases created in this act for fiscal year 1992-93 funds necessary to provide a salary 
increase of forty-three dollars and fifty cents ($43.50) per month, including funds for the 
employer's retirement and social security contributions commencing July 1, 1992, for 
each full-time employee of The University of North Carolina, as well as each full-time 
employee of the North Carolina School of Science and Mathematics, supported by State 
funds and whose salaries are exempt from the State Personnel Act; provided that the 
Board of Governors of The University of North Carolina may allocate the funds it 
receives for the salary increment for its employees in positions exempt from the State 
Personnel Act according to rules adopted by the Board of Governors. An additional one 
hundred thousand dollars ($100,000) shall be transferred from the Reserve for Salary 
Increases for salaries of teaching positions whose salaries are exempt from the State 
Personnel Act at the North Carolina School of Science and Mathematics. The Board of 
Trustees of the North Carolina School of Science and Mathematics may allocate the 
funds it receives for the salary increment for its employees in positions exempt from the 
State Personnel Act according to rules adopted by the Board of Trustees of the School of 
Science and Mathematics. All part-time employees of The University of North 
Carolina, as well as all part-time employees of the North Carolina School of Science and 
Mathematics, supported by State funds and whose salaries are exempt from the State 
Personnel Act shall receive a pro rata amount of the forty-three dollars and fifty cents 
($43.50) per month provided that the Board of Governors of The University of North 
Carolina may allocate the funds it receives for the salary increment for its employees in 
positions exempt from the State Personnel Act according to rules adopted by the Board of 
Governors, provided that for the North Carolina School of Science and Mathematics, 
according to rules adopted by the Board of Trustees of the school. 



July 8, 1992 



270 SENATE JOURNAL [Second Session 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
MOST STATE EMPLOYEES/SALARY INCREASES/1992-93 

Sec. 46. (a) The salaries in effect for fiscal year 1991-92 for all permanent 
full-time State employees whose salaries are set in accordance with the State Personnel 
Act and who are paid from the General Fund or the Highway Fund shall be increased, on 
and after July 1, 1992, unless otherwise provided by this act, by forty-three dollars and 
fifty cents ($43.50) per month. 

(b) Except as otherwise provided in this act, the fiscal year 1991-92 salaries for 
permanent full-time State officials and persons in exempt positions that are 
recommended by the Governor or the Governor and the Advisory Budget Commission 
and set by the General Assembly shall be increased by forty-three dollars and fifty cents 
($43.50) per month, commencing July 1, 1992. 

(c) The salaries in effect for fiscal year 1991-92 for all permanent part-time State 
employees shall be increased on and after July 1 , 1992, by pro rata amounts of the forty- 
three dollars and fifty cents ($43.50) per month salary increase provided for permanent 
full-time employees covered under subsection (a) of this section. 

(d) The Director of the Budget may allocate out of special operating funds or from 
other sources of the employing agency, except tax revenues, sufficient funds to allow a 
salary increase, on and after July 1, 1992, in accordance with subsections (a), (b), or 
(c) of this section including funds for the employer's retirement and social security 
contributions, for the permanent full-time and part-time employees of the agency, 
provided the employing agency elects to make available the necessary funds. 

(e) Within regular Executive Budget Act procedures as limited by this act, all 
State agencies and departments may increase on an equitable basis the rate of pay of 
temporary and permanent hourly State employees, subject to availability of funds in the 
particular agency or department, by pro rata amounts of the forty-three dollars and fifty 
cents ($43.50) per month salary increase provided for permanent full-time employees 
covered by the provisions of subsection (a) of this section, commencing July 1, 1992. 

(f) The provisions of this section do not apply to employees whose salaries are 
determined in accordance with G.S. 20-187. 3(a), except for those employees who 
would not receive a salary increment for the 1992-93 fiscal year under G.S. 20-187. 3(a) 
because they are at the top of their salary range. 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
CERTAIN EXECUTIVE BRANCH OFFICIALS/SALARY INCREASES 

Sec. 47. (a) The annual salaries, payable monthly, for the 1992-93 fiscal year 
for the following executive branch officials are: 

Executive Branch Officials Annual Salary 

1992-93 

Chairman, Alcoholic Beverage Control Commission $72,930 

State Controller 117,942 

Commissioner of Motor Vehicles 72,930 

Commissioner of Banks 72,930 

Chairman, Employment Security Commission 72,930 

State Personnel Director 75,774 

Chairman, Parole Commission 66,594 

Members of the Parole Commission 61,482 

Chairman, Industrial Commission 65,526 

Members of the Industrial Commission 63,930 

Executive Director, Agency for Public Telecommunications 61,482 

General Manager, Ports Railway Commission 55,518 

Director, Museum of Art 74,730 

Executive Director, Wildlife Resources Commission 62,946 



July 8, 1992 



1992] SENATE JOURNAL 271 

Executive Director, North Carolina Housing Finance Agency 90,258 

Executive Director, North Carolina Agricultural Finance 

Authority 70,986 

Director, Office of Administrative Hearings 64,386. 

(b) Any person carrying on the functions of a position listed in subsection (a) of 
this section shall be paid only the salary set out in that subsection, and the mere 
classification of the position to be some other position does not allow the salary of that 
position to be set in some other manner. 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
PUBLIC SCHOOL PERSONNEL/SALARY INCREASES 

Sec. 48. (a) Superintendents, Assistant Superintendents, Associate 
Superintendents, Supervisors, Directors, Coordinators, Evaluators, Program 
Administrators, Principals, and Assistant Principals.— The Director of the Budget may 
transfer from the Reserve for Salary Increases created in this act for fiscal year 1992-93 
funds necessary to provide a salary increase of forty-three dollars and fifty cents 
($43.50) per month, including funds for the employer's retirement and social security 
contributions, commencing July 1, 1992, for all superintendents, assistant 
superintendents, associate superintendents, supervisors, directors, coordinators, 
evaluators, program administrators, principals, and assistant principals whose salaries 
are supported from the State's General Fund. These funds may not be used for any 
purpose other than for the salary increase and necessary employer contributions provided 
by this subsection. 

(b) Noncertified Employees. The Director of the Budget may transfer from the 
Reserve for Salary Increases created in this act for fiscal year 1992-93 funds necessary to 
provide a salary increase of forty-three dollars and fifty cents ($43.50) per month, 
including funds for the employer's retirement and social security contributions, 
commencing July 1, 1992, for all noncertified public school employees, except school 
bus drivers, whose salaries are supported from the State's General Fund. These funds 
may not be used for any purpose other than for the salary increases and necessary 
employer contributions provided by this subsection. 

(c) The fiscal year 1991-92 pay rates adopted by local boards of education for 
school bus drivers shall be increased by at least two percent (2%) on and after July 1, 
1992, to the extent that such rates of pay are supported by the allocation of State funds 
from the State Board of Education. Local boards of education shall increase the rates of 
pay for all school bus drivers who were employed during fiscal year 1991-92 and who 
continue their employment for fiscal year 1992-93 by at least two percent (2%) on and 
after July 1, 1992. The Director of the Budget may transfer from the salary increase 
reserve fund created in Section 3 of this act for fiscal year 1992-93 funds necessary to 
provide the salary increases for school bus drivers whose salaries are supported from the 
State's General Fund in accordance with the provisions of this subsection. 

Requested by: Senators Basnight, Plyler, 

Representatives Nesbitt, Diamont 
ALL STATE-SUPPORTED PERSONNEL/SALARY INCREASES 

Sec. 49. (a) Salaries for positions that are funded partially from the General 
Fund or Highway Fund and partially from sources other than the General Fund or 
Highway Fund shall be increased from the General Fund or Highway Fund appropriation 
only to the extent of the proportionate part of the salaries paid from the General Fund or 
Highway Fund. 

(b) The granting of the salary increases under this act does not affect the status of 
eligibility for salary increments for which employees may be eligible unless otherwise 
required by this act. 



July 8, 1992 



272 SENATE JOURNAL [Second Session 

(c) The salary increases provided in this Part are to be effective July 1 , 1992, do 
not apply to persons separated from State service due to resignation, dismissal, reduction 
in force, death, or retirement, whose last workday is prior to July 1, 1992, or to 
employees involved in written disciplinary procedures. 

Payroll checks issued to employees after July 1, 1992, which represent payment 
for services provided prior to July 1, 1992, shall not be eligible for salary increases 
provided for in this act. This subsection shall apply to all employees, subject to or 
exempt from the State Personnel Act, paid from State funds, including public schools, 
community colleges, and The University of North Carolina. 

(d) Notwithstanding the provisions of Section 19.1 of Chapter 1137 of the 1979 
Session Laws, as amended by Chapter 1053 of the 1981 Session Laws, G.S. 
115C-12(9)a., 115C-12(16), 126-7, or any other provision of law other than G.S. 
20-187. 3(a) and G.S. 7A-102(c), no employee or officer of the public school system 
shall receive an automatic increment, and no State employee or officer shall receive a 
merit increment during the 1992-93 fiscal year, except as otherwise permitted by this 
act. 

(e) The Director of the Budget shall transfer from the Reserve for Salary 
Increases created in this act for fiscal year 1992-93 all funds necessary for the salary 
increases provided by this act, including funds for the employer's retirement and social 
security contributions. 

(f) Nothing in this act authorizes the transfer of funds from the General Fund to 
the Highway Fund for salary increases. 

Requested by: Representative Barnes 

RESERVE FOR LOWEST PAID EMPLOYEES 

Sec. 50. Notwithstanding any other provisions of the current law, the Office of 
State Budget and Management is authorized to transfer funds that are certified as 
performance pay reserves in the 1992-93 budget and are not required to continue support 
of performance pay allocations authorized in fiscal year 1 990-91 to a Reserve for Lowest 
Paid Employees for the purpose of providing salary increases to the lowest paid State 
employees pursuant to Section 37 of Chapter 1066 of the 1989 Session Laws. When all 
agencies except Special Responsibility Constituent Institutions in The University of 
North Carolina System have received sufficient funds from the Reserve for Lowest Paid 
Employees in order to fully implement Section 37 of Chapter 1066 of the 1989 Session 
Laws, the remaining funds in that Reserve shall be available to Special Responsibility 
Constituent Institutions in The University of North Carolina System to implement that 
section. If such funds are insufficient for Special Responsibility Constituent Institutions 
in The University of North Carolina System to fully implement that section, they shall 
use funds otherwise available to fully implement that section. 

Requested by: Senator Basnight 

CONFORM LEGISLATIVE PER DIEM TO FEDERAL REGULATIONS 

Sec. 51 . Effective upon the convening of the 1993 Regular Session of the General 
Assembly, G.S. 120-3. 1(a)(3) reads as rewritten: 

"(3) A subsistence allowance for meals and lodging at a daily rate equal to the 
maximum per diem rate for federal employees traveling to Raleigh, North 
Carolina, as set out at 52 Fodoral Register 26611 (July 15, 19 8 7), 57 
Federal Register 6684 (February 27. 1992^. while the General Assembly is 
in session and, except as otherwise provided in this subdivision, while the 
General Assembly is not in session when, with the approval of the Speaker 
of the House in the case of Representatives or the President Pro Tempore of 
the Senate in case of Senators, the member is: 

a. Traveling as a representative of the General Assembly or of its commit- 
tees or commissions, or 



July 8, 1992 



1992] SENATE JOURNAL 273 

b. Otherwise in the service of the State. 

A member who is authorized to travel, whether in or out of session, 
within the United States outside North Carolina, may elect to receive, 
in lieu of the amount provided in the preceding paragraph, a subsis- 
tence allowance of twenty dollars ($20.00) twentv-six dollars 
C$26.00) a day for meals, plus actual expenses for lodging when evi- 
denced by a receipt satisfactory to the Legislative Administrative Offi- 
cer, the latter not to exceed the maximum per diem rate for federal 
employees traveling to the same place, as set out at 52 Federal Register 
26630 2661 8 (July 15. 19 8 7 s ) 57 Federal Register 6678-6687 fFebru - 
arv 27. 1992) and at 52 Federal Register 33616 - 33617 (September 1, 
44S44- 57 Federal Register 24474-24477 fJune 9. 1992). " 

Requested by: Senator Block, 

Representatives Nesbitt, Diamont 
INCREASE THE RETIREMENT FORMULAS AND TO PROVIDE 
ADJUSTING INCREASES TO RETIREES OF THE TEACHERS* AND 
STATE EMPLOYEES' RETIREMENT SYSTEM AND THE LOCAL 
GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM 
Sec. 52. (a) G.S. 135-5(bl2) reads as rewritten: 
"(bl2) Service Retirement Allowance of Members Retiring on or after July 1, 1990. 
1990. but before July 1. 1992. — Upon retirement from service in accordance with 
subsection (a) above, on or after July 1 , 1990. but before July 1 . 1992. a member shall 
receive the following service retirement allowance: 

(1) A member who is a law enforcement officer or an eligible former law 
enforcement officer shall receive a service retirement allowance computed 
as follows: 

a. If the member's service retirement date occurs on or after his 55th 
birthday, and completion of five years of creditable service as a law 
enforcement officer, or after the completion of 30 years of creditable 
service, the allowance shall be equal to one and sixty-four hundredths 
percent (1.64%) of his average final compensation, multiplied by the 
number of years of his creditable service. 

b. This allowance shall also be governed by the provisions of G.S. 
135-5(b9)(l)b. 

(2) A member who is not a law enforcement officer or an eligible former law 
enforcement officer shall receive a service retirement allowance computed 
as follows: 

a. If the member's service retirement date occurs on or after his 65th 
birthday upon the completion of five years of creditable service or after 
the completion of 30 years of creditable service or on or after his 60th 
birthday upon the completion of 25 years of creditable service, the al- 
lowance shall be equal to one and sixty-four hundredths percent 
(1.64%) of his average final compensation, multiplied by the number 
of years of creditable service. 

b. This allowance shall also be governed by the provisions of G.S. 
135-5(b9)(2)b. c. and d." 

(b) G.S. 135-5 is amended by adding a new subsection to read: 
" (b 1 3) Service Retirement Allowance of Members Retiring on or after July 1 . 1992.— 
Upon retirement from service in accordance with subsection (a) above, on or after 
July 1. 1992. a member shall receive the following service retirement allowance: 



July 8, 1992 



274 SENATE JOURNAL [Second Session 

QX A member who is a law enforcement officer or an eligible former law 

enforcement officer shall receive a service retirement allowance computed 

as follows: 

2^ If the member's service retirement date occurs on or after his 55th 
birthday, and completion of five years of creditable service as a law 
enforcement officer, or after the completion of 30 years of creditable 
service, the allowance shall be equal to one and seventy hundredths 
percent (1 .70%) of his average final compensation, multiplied by the 
num b er of years o f his creditabl e service. 

b_^ This allowance shall also be governed bv the provisions of G.S. 
135-5(b9)(l)b. 
iZX A member who is not a law enforcement officer or an eligible former law 

enforcement officer shall receive a service retirement allowance computed 

as follows; 

3^ If the member's service retirement dal£ oc curs on or after his $5th. 
birthday upon the completion of five years of creditable service or after 
the completion of 30 years of creditable service or on or after his 60th 
birthday upon the completion of 25 years of creditable service, the al - 
lowance shall be equal to one and seventy hundredths percent (1 . 70%) 
of his average final compensation . multiplied by the number of years of 
creditable service. 

b_^ This allowance shall also be governed bv the provisions of G.S. 
135-5(b9,)(2)b, c, and d." 

(c) G.S. 135-5 is amended by adding a new subsection to read: 

" (tt) Increase in Allowance as to Persons on Retirement Rolls as of June 1 . 1992. — 
From and after July 1 . 1992. the retirem ent allowance to or on account of beneficiaries 
on the retirement rolls as of June 1. 1992. shall be increased bv three and six-tenths 
percent (3.6%) of the allowance payable on June 1. 1992. This allowance shall be 
calculated on the allowance payable and in effect on June 30. 1992. so as not to be 
compounded on anv other increase granted bv act of the 1991 Session of the General 
Assembly, 1992 Regular Session." 

(d) In order to fund the provisions of subsections (a) through (c) of this section, 
the Board of Trustees of the Teachers' and State Employees' Retirement System, with 
the advice of its consulting actuary, shall apply the unencumbered actuarial gain in the 
System by allocating the percentage of payroll contribution rates for employers between 
the normal and accrued liability contributions to the Retirement System without an 
increase in the total employer contribution rate. 

(e) G.S. 128-27(bl2) reads as rewritten: 

"(bl2) Service Retirement Allowance of Members Retiring on or after July 1, 1990. 
1990. but before July 1. 1992. — Upon retirement from service in accordance with 
subsection (a) above, on or after July 1, 1990, but before July 1 . 1992. a member shall 
receive the following service retirement allowance: 

(1) A member who is a law enforcement officer or an eligible former law 
enforcement officer shall receive a service retirement allowance computed 
as follows: 

a. If the member's service retirement date occurs on or after his 55th 
birthday, and completion of five years of creditable service as a law 
enforcement officer, or after the completion of 30 years of creditable 
service, the allowance shall be equal to one and sixty-four hundredths 
percent (1.64%) of his average final compensation, multiplied by the 
number of years of his creditable service. 

b. This allowance shall also be governed by the provisions of G.S. 
128-27(b8)(2). 



July 8, 1992 



1992] SENATE JOURNAL 275 

(2) A member who is not a law enforcement officer or an eligible former law 
enforcement officer shall receive a service retirement allowance computed 
as follows: 

a. If the member's service retirement date occurs on or after his 65th 
birthday upon the completion of five years of creditable service or after 
the completion of 30 years of creditable service or on or after his 60th 
birthday upon the completion of 25 years of creditable service, the al- 
lowance shall be equal to one and sixty-four hundredths percent 
(1 . 64%) of his average final compensation, multiplied by the number 
of years of creditable service. 

b. This allowance shall also be governed by the provisions of G.S. 
128-27(b7)(2a) and (3)." 

(f) G.S. 128-27 is amended by adding a new subsection to read: 

" (hi 3) Service Retirement Allowance of Members Retiring on or after July 1. 1992. — 
Upon retirement from service in accordance with su bsection fa) above, on or after July 
1. 1992. a member shall receive the following service retirement allowance: 

(1) A member who is a law enforcement officer or an eligible former law 
enforcement officer shall receive a service retirement allowance computed 
as follows: 

&,_ If the mem ber's service retirement date occurs on or after his 55th 
birthday, and completion of five years of creditable service as a law 
enforcement officer, or after the completion of 3Q years of creditable 
service, the allowance shall be equal to one and seventy hundredths 
percent (1 .70%) of his average final compensation, multiplied bv the 
number of years of his creditable service, 
iL. This allowance shall also be governed bv the provisions of G.S. 
128-27( b g)(2) t 
£2J A member who is not a law enforcement officer or an eligible former law 
enforcement officer shall receive a service retirement allowance computed 
as follows: 

sl*. If the mem ber's serv ice retireme nt date occurs on or after his 65th 
birthday upon the completion of five years of creditable service or after 
the completion of 30 years of creditable service or on or after his 60th 
birthday upon the completion of 25 years of creditable service, the al- 
lowance shall be equal to one and seventy hundredths percent (1 . 70%) 
of his average final compen sation , mu lti pl ied by the n um b er of years of 

creditable service. 
b_^ This allowance shall also be governed bv the provisions of G.S. 
128-27 (b7) (2a), (2b), and (3) ." 

(g) G.S. 128-27 is amended by adding a new subsection to read: 

"(jj) Increase in Allowance as to Persons on Retirement Rolls as of June 1 , 1992. — 
From and after July l , 1992, the retirement allowance to or on a ccount of ben e fi c iaries 
on the retirement rolls as of June 1. 1992. shall be increased bv three and six-tenths 
percent (3.6%) of the allowance payable on June 1. 1992. This allowance shall be 
calculated on the allowance payable and in effect on June 30. 1992. so as not to be 
compounded on anv other increase payable unde r subsection fk) of this section or 
otherwise granted by act of the 1991 Session of the General Assembly, 1992 Regular 

SgssiojL." 

(h) In order to fund the provisions of subsections (e) through (g) of this section, 
the Board of Trustees of the Local Governmental Employees' Retirement System, with 
the advice of its consulting actuary, shall apply the unencumbered actuarial gain in the 
System to the normal percentage contribution of payroll for employers to the Retirement 
System without an increase in the total employer's contribution rate. 

(i) This section becomes effective July 1, 1992. 



July 8, 1992 



276 SENATE JOURNAL [Second Session 

Requested by: Senator Basnight, 

Representatives Nesbitt, Diamont 
INCREASE RETIREMENT ALLOWANCES 

Sec. 53. (a) G.S. 128-27 is amended by adding a new subsection to read: 
"(kk) From and after July 1. 1992. the retirement allowance to or on account of 
beneficiari es whose retirement commenced on or before July 1 . 1991 . shall be increased 
bv one and six-tenths percent (1.6%) of the allowance payable on July 1. 1991. in 
accordance with G.S. 128-27(k). Furthermore, from and after July 1. 1992. the 
retirement allowance to or on account of beneficiaries whose retirement commenced 
after July 1 . 1991 . but before June 30. 1992. shall be increased bv a prorated amount of 
one and six-tenths percent (1 . 6%) of the allowance payable as determined by the Board 
of Trustees based up on the nu mber of months that a retirement allowance was paid 
between July 1. 1991 and June 30. 1992. " 

(b) G.S. 135-5 is amended by adding a new subsection to read: 

" (uu) From and after July 1. 1992. the retirement allow ance to or on account of 
beneficiaries whose retirement commenced on or before July 1 . 1991. shall be increased 
by one and six-tenths percent (1.6%) of the allowance payable on July 1. 1991. in 

acco r d ance with Q,S, 135-5(<?)- Furthermore, from and after July L 1992, the 

retirement allowance to or on account of beneficiaries whose retirement co m me nced 
after July 1, 1991, but before June 30, 1992, shall be increased by a prorated amount of 
one and si x-tenths percent (1 . 6%) of the allowance payable as determin ed by the Board 
of Trustee? based upon the number of months that a retirement allowance was paid 
between July 1. 1991 and June 30. 1992. " 

(c) G.S. 135-65 is amended by adding a new subsection to read: 

" (m) From and after July 1. 1992. the retirement allowance to or on account of 
beneficiaries whose retirement commenced on or before July 1 , 1991, shall be increased 
bv one and six-tenths percent (1.6%) of the allowance payable on July 1. 1991. 
Furthermore, from and after July 1. 1992. the retirement allowance to or on account of 
beneficiaries whose retirement commenced after July 1. 1991. but before June 30. 1992. 
shall be increased by a prorated amount of one and six-tenths percent (1- 6%) of the 

allowance payable as determined bv the Board of Trustees b ased upon the number of 

months that a retirement allowance was paid between July 1 ■ 1991 and June 30, 1992. " 

(d) G.S. 120-4. 22A is amended by adding a new subsection to read: 

"(g) In accordance with subsection (a) of this section, from and after July 1, 1992, 
the retirement allowance to or on account of beneficiar ies whose retirement commenced 
on or before January 1. 1992. shall be inc reased by one and six-tenths percent (1.6%) of 
the allowance payable on July 1. 1992. Furthermore, from and after July 1. 1992. the 
retirement allowance to or on account of benefici aries whose retirement commenced 
after January 1 , 1992, but before June 30, 1992, shall be increased by a prorated amount 
of one and six-tenths percent (1.6%) of the allowance payable as determined bv the 
Board of Trustees based upon the number of months that a retirement allowance was 
paid between January 1. 1992 and June 30. 1992. " 

Requested by: Senators Daniel, Basnight, Plyler, 
Representatives Nesbitt, Diamont 
SHERIFFS' PENSION FUND CHANGES 

Sec. 54. (a) G.S. 143-166.83 reads as rewritten: 
"§ 143-166.83. Disbursements. 

(a) Immediately following July 1, 19 8 6, the D e partment of Justice shall divide an 
amount equal to forty - five percent (45%) of the assets of the Fund at the end of the 
prec e ding fiscal year into e qual share and disburse the sam e as monthly p e n s ion 
payments to all eligible retired sheriffs as of July 1 , 1986, payable in accordance with the 
m e thod d e scribed in G.S. 1 4 3 - 166. 8 5(a), except that such p e nsion b e n e fit shall be 
computed for a six - months basis beginning with the month of July, 19 8 6. 

(b) Immediately following January 1 , 19 8 7, 1993. and the first of January of each 
succeeding calendar year thereafter, the Department of Justice shall divide an amount 



July 8, 1992 



1992] SENATE JOURNAL 277 

equal to ninety percent (90%) of the assets of the Fund at the end of the preceding 
calendar year into equal sharos and shall add to that amount anv assets remaining 
pursuant to subsection (f) of this section and disburse the same as monthly payments in 
accordance with the provisions of this Article. 

(c) The remaining ten Ten percent (10%) of the Fund's assets as of December 31, 
4-9&4? - January 1. 1993. and at the end- beginning of each calendar year thereafter, may 
be used by the Department of Justice in administering the provisions of this Article. Fo* 
the six - month period commencing July 1, 19 8 6, five percent (5%) of the Fund's assets 
nt ihn nnri nf iho procoding fincal year may bo used for this purpose This ten percent 
(10%^ is to be derived from the Fund's assets prior to the addition of assets remaining 
pursuant to subsecti on (f) of this section. 

(d) All the Fund's disbursements shall be conducted in the same manner as 
disbursements are conducted for other special funds of the State. 

(e) If, for any reason, the Fund shall be insufficient to pay any pension benefits or 
other charges, then all benefits or payments shall be reduced pro rata for as long as the 
deficiency in amount exists. No claim shall accrue with respect to any amount by which a 
pension payment shall have been reduced. 

(f) As of January 1, 19 8 7, and the beginning of each calendar year thereafter, any 
Anv assets remaining after reserving an amount equal to the disbursements required 
under subsections (b) and (c) of this section shall be transf e rred to the Supplemental 
Retirement Income Plan for Local Gov e rnmental Law - Enforc e m e nt Officers, except 
elected — Sheriffs, — to — be — disburs e d — in — accordanc e — with — the — provisions — of — G.S. 
143 - 166. 50(e) as additional contributions made in the same manner a s receipts from the 
cost of court collections, accrued and included in disbursements for pensioners in 
succeeding years. " 

(b) G.S. 143-166.84 reads as rewritten: 
"§ 143-166.84. Eligibility. 

(a) Each county sheriff who has retired from the Local Governmental Employees' 
Retirement System or an equival e nt locally sponsor e d plan on and b e for e Juno 30, 19 8 6, 
System, and who has attained the age of 55 years or attained 30 years of creditable ser - 
vice regardless of age, and who has completed at least 10 years of eligible service as 
sheriff sheriff, is entitled to receive a monthly pension under this Article, beginning July 
l, 19 8 6. A rti cle. 

(al) Each county sheriff who withdrew any service standing to his credit in the Local 
Governmental Employees' Retirement System prior to July 1, 1986, and who has 
attained the age of 55 or attained 30 creditable years of service regardless of age . and who 
has completed at least 10 years of eligible service as sh e riff sheriff, is entitled to receive a 
monthly pension under this Article provided the sheriff is not eligible to receive any retire- 
ment benefit from any State or locally sponsored plan. 

( a2) Each county sheriff who has been approved for disability benefits from the Local 
Governmental Employees' Re tirement System is eligible to receive benefits from the 
Fund based on years of creditable service as sheriff, regardless of age, provided the 
retiree has at least 10 years of eligible service as sheriff. 

(b) Each eligible retired Sheriff sheriff as defined in subsection (a) subsections (a), 
fal^. and (a2) of this section relating to ago, service, and retirement status on January 1 
of each calendar year age and service shall be entitled to receive a monthly pension under 
this Article beginning with the month of January of the same cal e ndar y e ar, immediately 
following the effective date of retirement," 

(c) G.S. 143-166.85 reads as rewritten: 
"§ 143-166.85. Benefits. 

(a) An eligible retired sheriff shall be entitled to and receive an annual pension 
benefit, payable in equal monthly installments, equal to one share for each full year of 
eligible service as sheriff multiplied by his total number of years of eligible service. The 
amount of each share shall be determined by dividing the total number of years of eligible 
service for all eligible retired sheriffs on December 31 of each calendar year into the 



July 8, 1992 



278 SENATE JOURNAL [Second Session 

amount to be disbursed as monthly pension payments in accordance with the provisions 
of G.S., 143-166. 83(b). In no event however shall a monthly pension under this Article 
exceed an amount, which when added to a retired allowance at retirement from the Local 
Governmental Employees' Retirement System or an equivalent locally sponsored plan or 
to the amount he would have been eligible to receive if service had not been forfeited by 
the withdrawal of accumulated contributions, is greater than seventy-five percent (75%) 
of a sheriff's equivalent annual salary immediately preceding retirement computed on the 
latest monthly base rate, to a maximum amount of one thousand dollars ($1,000). ol 
one thousand two hundred dollars ($1.200). 

(b) All monthly pensions payable under this Article shall be paid on the last business 
day of each month. 

(c) Monthly pensions payable under this Articl e will cease at At the death of the 
pensioner and no payment will bo made to any beneficiaries or to th e decedent's estate. 
pensioner, benefits for the current calendar year will continu e and be paid in monthly 
installments to the decedent's spouse or estate, in accordance with the provisions of 
Chapter 28A of the General Statutes. Benefits will cease upon the last payment being 
made in December o f the current year. 

(d) Monthly pensions payable under this Article will cease upon the full-time 
reemployment of a pensioner with an employer participating in the Local Governmental 
Employees' Retirement System for as long as the pensioner is so reemployed. 

(e) Repealed by Session Laws 1989, c. 792, s. 2.9. 

(f) Nothing contained in this Article shall preclude or in any way affect the benefits 
that a pensioner may be entitled to from any state, federal or private pension, retirement 
or other deferred compensation plan." 

(d) This section becomes effective January 1, 1993. 

Requested by: Representative Nesbitt 

SALARY INCREASE FOR STATE-FUNDED LOCAL PROGRAMS 

Sec. 55. Of the funds appropriated from the General Fund for the Reserve for 
Salary Increases in this act for the 1992-93 fiscal year, funds shall be made available for 
employees in locally operated State-funded programs in an amount equivalent to a two 
percent (2%) across-the-board salary increase. 

PART 14. PUBLIC SCHOOLS 

Requested by: Senator Ward, 

Representatives H. Hunter, Fussell, Payne 
CONTINUE MODEL TEACHER EDUCATION CONSORTIUM 

Sec. 56. (a) Section 36.1 of Chapter 689 of the 1991 Session Laws reads as 
rewritten: 

"Sec. 36. 1 . Of the funds appropriated to the Department of Public Education for the 
1991-92 fiscal year and for the 1992-93 fiscal year for aid to local school administrative 
units, the State Board of Education shall use $150,000 one hundred fifty thousand 
dollars ($150,000) for the 1991-92 fiscal year and one hundr e d sevent y t h ou sand dollars 
($170.000^ for the 1992-93 fiscal year for the model teacher education consortium es- 
tablished in Section 72 of Chapter 752 of the 1989 Session Laws. Of these funds, up to 
S3Q^QO thirty thousand dollars f$30.000^ for the 1991-92 fiscal year and up to fifty 
thousand dollars ($50,000) for the 1992-93 f i sca l y ear may be used for administrative 
purposes." 

(b) It is the intent of the General Assembly to put funds for the model teacher 
education consortium in the continuation budget for the 1993-95 fiscal biennium. 

(c) Section 72(a) of Chapter 752 of the 1989 Session Laws reads as rewritten: 
" (a) There is established a model teacher education consortium for the following local 

school administrative units: Gates County. Granville County. Halifax County. Hertford 
County. Northampton County, Vance County, Warren County, Roanoke Rapids City 
and Weldon City, with the collaboration of East Carolina University, Elizabeth City 



July 8, 1992 



1992] SENATE JOURNAL 279 

State University, Atlantic Christian Barton College, North Carolina Wesleyan College. 
Halifax Community College, and Vance-Granville Community College." 

Requested by: Senator Ward, 

Representatives Fussell, Payne, Diamont. Nesbitt 
REALLOCATION OF CERTAIN FUNDS FOR EXCEPTIONAL 
CHILDREN 

Sec. 57. The State Board of Education may reallocate (i) funds that are 
repayments from local school administrative units as a result of audit exceptions of 
exceptional children headcounts and student records, (ii) any prior year's refunds of 
exceptional children funds to the public school fund, and (in) any penalties assessed on 
those funds. The funds shall be available for reallocation by the State Board and for 
expenditure by the local school administrative units for the remainder of the fiscal year in 
which they are collected and for the subsequent fiscal year. The funds shall be allocated 
by the State Board in accordance with policies adopted by the State Board for the 
exceptional children's program. 

Requested by: Senator Ward. 

Representatives Fussell. Payne, Nesbitt 
OUTCOME-BASED EDUCATION FUNDS 

Sec. 58. (a) Section 199(>) of Chapter 6S9 of the 1991 Session Laws reads as 
rewritten: 

"(b) Of the funds appropriated to the Department of Public Education, the sum of 
SIOO.OOO one hundred thousand dollars i SIOO.OOO) for the 1991-92 fiscal year shall be 
used for advance planning for the outcome-based education program at £^«f pilot sites 
pursuant to subsection (a) of this section and the sum of S3 .000 .000 three million dollars 
('S3.000.000) for the 1992-93 fiscal year shall be used to implement the program at the 
f^«f pilot sites. T4rese-Qf t he funds appro p riated fcrth"? l??:-93 fiscal year, the sum o f 
one hundred thousand dollars [SIOO.OOO) shall be used bv the Department of Public 
Instruction to provide technical assistance, evaluate programs, refine proficiencies and 
outcomes, and otherwise implement the program: the remainder of these funds shall be 
allocated first on the basis of $500.00 five hundred dollars (^SfOO.OO) for each State- 
funded certificated employee participating in the program, program and then on a pro 
rata basis based on the number of State-funded certificated employees. These funds 
shall be used (i) for staff development activities, including planning activities, for teach- 
ers, administrators, and school board members, (ii) to pay substitute teachers while 
teachers are engaged in staff development activities, and (iii) to pay 10-month em- 
ployees for participating in staff development activities, including planning activities dur- 
ing the summer, summer, and (iv) to allow the pilots to use funds for specific other pur - 
poses such as evaluation, dissemination of information, and implementation of profi - 
ciencies, 

It is the intent of the General Assembly to appropriate an additional S3.000.000 three 
million dollars CS3.000.000) each year for the 1993-94 through 1996-9" fiscal years to 
complete the implementation of the outcome-based education program at the f^w six 
sites." 

(b) G.S. 115C-238. 13(a) reads as rewritten: 

"(a) The State Board of Education shall develop and implement an outcome-based 
education program. The State Board of Education shall select four s ites six sites, at least 
one of which shall be a consortium, to participate in the program for five fiscal years 
beginning with the 1992-93 fiscal year. The first year of the project shall be a year for the 
sites to plan their projects. The remaining four years shall be to implement the projects 
and to demonstrate their effectiveness." 



Julv S. 1992 



280 SENATE JOURNAL [Second Session 

Requested by: Senator Ward, 

Representatives Fussell, Payne 
EARLY CHILDHOOD EDUCATION COORDINATOR FUNDS 

Sec. 59. The Department of Public Instruction may use up to seventy-five 
thousand dollars ($75,000) of the funds appropriated to the Department of Public 
Education for aid to local school administrative units for the 1992-93 fiscal year for an 
early childhood education coordinator. The early childhood education coordinator shall 
provide technical assistance to local school administrative units in offering appropriate 
services for children pre-kindergarten through grade five. 

Requested by: Senator Ward, 

Representatives Fussell, Payne, Rogers, Nesbitt 
LOW PERFORMING UNITS 

Sec. 60. (a) If a local school administrative unit is identified as a low performing 
school system or placed on warning status by the State Board of Education in accordance 
with G.S. 115C-64.1, the Department of Public Instruction may use up to one million 
two hundred thousand dollars ($1,200,000) of the funds appropriated for aid to local 
school administrative units to provide the local school administrative unit with staff 
development activities and technical assistance to enable the unit to improve student 
performance and decrease dropout rates. 

The Department of Public Instruction shall not use these funds for new employee 
positions. 

(b) If a local school administrative unit is identified as a low performing school 
system by the State Board of Education in accordance with G.S. 115C-64.1, and that 
local school administrative unit receives small school system supplemental funding, 
low-wealth counties supplemental funding, or both, the local school administrative unit 
shall use those funds to implement the plan for improving student performance and 
decreasing dropout rates that it submitted to the State Board of Education in accordance 
with G.S. 115C-64.2(a). 

If a local school administrative unit is placed on warning status by the State Board 
of Education, and that local school administrative unit receives small school system 
supplemental funding, low-wealth counties supplemental funding, or both, the local 
school administrative unit shall use those funds to implement a locally developed plan for 
improving student performance and decreasing dropout rates. 

(c) The Board of Governors of The University of North Carolina shall require the 
Offices of School Services at the constituent institutions to provide in-kind technical 
assistance worth at least six hundred thousand dollars ($600,000) through the 
Department of Public Instruction to local school administrative units that are identified 
as low performing school systems or placed on warning status by the State Board of 
Education in accordance with G.S. 115C-64.1. 

Requested by: Senator Ward, 

Representatives Fussell, Payne, Nesbitt 
PROSPECTIVE TEACHER SCHOLARSHIP LOAN FUNDS 

Sec. 61 . Of the funds appropriated to the Department of Public Education for the 
1992-93 fiscal year for prospective teacher scholarship loans, the Superintendent of 
Public Instruction may designate up to two hundred thousand dollars ($200,000) for the 
1992-93 fiscal year scholarship loans to teacher assistants enrolled in accredited teacher 
education programs. 

Requested by: Senator Ward, 

Representatives Fussell, Payne 
PUPIL TRANSPORTATION FUNDS 

Sec. 62. The Department of Public Instruction shall implement the Pupil 
Transportation Program Improvements Implementation Projects authorized by Section 
55 of Chapter 752 of the 1989 Session Laws. The Department of Public Instruction may 
use up to five hundred thousand dollars ($500,000) of the funds appropriated for the 



July 8, 1992 



1992] SENATE JOURNAL 281 

1992-93 fiscal year for aid to local school administrative units for pupil transportation to 
assist local school administrative units with (i) unique difficulties implementing the new 
funding formula or (ii) efforts to improve efficiency of pupil transportation operations. 
The Department shall report to the appropriations committees of the Senate and 
the House of Representatives and to the Fiscal Research Division in December of 1992 
on the implementation of the projects specified in this section. 

Requested by: Senator Ward, 

Representatives Fussell, Payne 
STAFF DEVELOPMENT FUND AVAILABILITY 

Sec. 63. (a) Funds allocated by the State Board of Education for staff 
development at the local level for the 1991-92 fiscal year shall remain available for 
expenditure until August 31, 1992. 

(b) Funds allocated by the State Board of Education for staff development at the 
local level for the 1992-93 fiscal year shall become available for expenditure July 1, 
1992, and shall remain available for expenditure until August 31, 1993. 

(c) Effective July 1, 1993, Chapter 115C of the General Statutes is amended by 
adding a new section to read: 

" § 115C— 417. Availability of funds allocated for staff development. 

Funds allocated by the State B oard pf Edu cation for staff devel o pment at the local level 
shall become available for expenditure on September 1 of each fiscal year and shall 
remain available for expenditure until August 31 of the subsequent fiscal year. " 

(d) This section is effective on and after June 30, 1992. 

Requested by: Senator Ward, 

Representatives Fussell, Payne, Diamont, Nesbitt 
NORTH CAROLINA CLOSE UP FUNDS 

Sec. 64. The Department of Public Instruction may use up to fifteen thousand 
dollars ($15,000) of the funds within its budget for the 1992-93 fiscal year for the North 
Carolina Close Up Program to enable the program to promote citizenship education. 

Requested by: Senator Ward, 

Representatives Fussell, Payne 
APPROPRIATION OF FUNDS FROM STATE LITERARY FUND 

Sec. 65. There is appropriated from the State Literary Fund to the Department of 
Public Education the sum of one million dollars ($1 ,000,000) for the 1992-93 fiscal year 
for aid to local school administrative units. 

Requested by: Representatives Fussell, Payne, Rogers, Diamont, Nesbitt 
SUPPLEMENTAL SCHOOL FUNDING FOR SMALL AND LOW 
WEALTH COUNTIES/STUDY 

Sec. 66. Of the funds appropriated to the Department of Public Education in 
Section 3 of this act for the 1992-93 fiscal year, the sum of three million dollars 
($3,000,000) shall be used for small school supplemental funding in accordance with 
Section 201.1 of Chapter 689 of the 1991 Session Laws, as rewritten by Sections 47.1 
and 47.2 of Chapter 761 of the 1991 Session Laws. These funds are in addition to the 
funds in the amount of four million dollars ($4 , 000 , 000) appropriated for this purpose in 
Chapter 689 of the 1991 Session Laws. 

Sec. 67. Section 201.2 of Chapter 689 of the 1991 Session Laws, as rewritten by 
Section 47.3 of Chapter 761 of the 1991 Session Laws, reads as rewritten: 

"Sec. 201.2. (a) The General Assembly finds that it is appropriate to provide 
supplemental funds in low-wealth counties to allow those counties to enhance the 
instructional program and student achievement; therefore, of the funds appropriated to 
the Department of Public Education, the sum of $6,000,000 six million dollars 
f $6.000.000;) for the 1991-92 fiscal year and the sum of $6.000.000 nine million dollars 
f $9. 000. 000) for the 1992-93 fiscal year shall be used for supplemental funds for 
schools. The State Board of Education shall allocate these funds to the counties in which 



July 8, 1992 



2#2 SENATE JOURNAL [Second Session 

the adjusted property tax base per student for that county is less than the State average 
adjusted property tax base per student. The amount each such county receives shall be 
its pro rata share of the funds appropriated for supplemental funding in this act, 
computed as follows: 

(1) Divide the county adjusted property tax base per student by the State 
adjusted property tax base per student; 

(2) Multiply the resulting amount by the State average current expense 
appropriations per student; 

(3) Subtract the resulting amount per student from the State average county 
current expense appropriations per student; and 

(4) Multiply the resulting amount by the average daily membership of students 
in the county. 

The funds a county receives shall be allocated to each local school administrative 
unit, located in whole or in part in the county, based on the average daily membership of 
the county's students in the school units. 

This formula is solely a basis for distribution of supplemental funding for 
low-wealth counties and is not intended to reflect any measure of the adequacy of the 
educational program or funding for public schools. The formula is also not intended to 
reflect any commitment by the General Assembly to appropriate any additional 
supplemental funds for low-wealth counties. 

(b) Funds received pursuant to this section shall be used only to provide 
instructional positions, instructional support positions, teacher assistant positions, 
clerical positions, and instructional supplies and equipment, equipment, staff 
development, and textbooks. 

(c) Nonsupplant Requirement. — A county in which a local school administrative 
unit receives funds under this section shall use the funds to supplement and not supplant 
existing State and local funding for public schools. 

The Local Government Commission shall analyze the budgets and the 
expenditures of school administrative units that receive funds under this section in light of 
their budgets and expenditures for the previous year and shall determine whether those 
funds were used to supplement and not supplant State and local funding for public 
schools. The Local Government Commission shall report the results of its study to the 
State Board of Education, to the Joint Legislative Education Oversight Committee, and 
to the Appropriations Committees of the Senate and the House of Representatives, prior 
to May 1, 1992, and May 1, 1993. 

(d) Definitions. — As used in this act: 

(1) 'Average daily membership' means average daily membership as defined in 
the North Carolina Public Schools Allotment Policy Manual, adopted by the 
State Board of Education. 

(2) 'County adjusted property tax base per student' means the total assessed 
property valuation for each county, adjusted using a weighted average of the 
three most recent annual sales assessment ratio studies, divided by the total 
number of students in average daily membership who reside within the 
county, and further adjusted using the ratio of the county's per capita 
income to the State average per capita income. 

(3) 'Effective county tax rate' means the actual county tax rate multiplied by a 
weighted average of the three most recent annual sales assessment ratio 
studies. 

(4) 'Per capita income' means the per capita income according to the most 
recent report of the United States Department of Commerce, Bureau of 
Economic Analysis. 

(5) 'Sales assessment ratio studies' means sales assessment ratio studies 
performed by the Department of Revenue under G.S. 105-289(h). 



July 8, 1992 



1992] SENATE JOURNAL 283 

(6) 'State adjusted property tax base per student' means the sum of all county 
adjusted property tax bases divided by the total number of students who 
reside within the State. 

(7) 'State average current expense appropriations per student' means the most 
recent State total of county current expense appropriations to public 
schools, as reported by counties in the annual county financial information 
report to the State Treasurer, divided by the total State average daily 
membership for that year. 

(8) 'Weighted average of the three most recent annual sales assessment ratio 
studies' means the weighted average of the three most recent annual sales 
assessment ratio studies in the most recent years for which county current 
expense appropriations and adjusted property tax valuations are available. 
If real property in a county has been revalued one year prior to the most 
recent sales assessment ratio study, a weighted average of the two most 
recent sales assessment ratios shall be used. If property has been revalued 
the year of the most recent sales assessment ratio study, the sales 
assessment ratio for the year of revaluation shall be used. 

(e) Minimum Effort Required. — Counties that receive funding under this section 
shall maintain an effective county tax rate that is at least one hundred percent (100%) of 
the State average effective tax in the most recent year for which data are available. Any 
county that fails to maintain an effective county tax rate that is at least one hundred 
percent (100%) of the State average effective tax in the most recent year for which data 
are available shall refund to the State the entire amount of its allocation under this 
section. 

(el) Notwithstanding the provisions of this section, for the 1992-93 fiscal year 
only, counties that received funding under this section for the 1991-92 fiscal year, shall 
receive at least as much funding under this section for the 1992-93 fiscal year. 

For the 1992-93 fiscal year only, the funds Edgecombe County receives shall be 
allocated to each local school administrative unit, located in whole or in part in the 
c ount y incl u d ing the Nash-Rocky Mount School Admini strative Unit, based on the 

average daily membership of the county's students in the school units. 

(f) Counties that receive funds under this section shall report to the State Board of 
Education before March 1 each year on how they are using the funds for the fiscal year. 
The State Board of Education shall report to the Joint Legislative Education Oversight 
Committee prior to May 1, 1992, and May 1, 1993, on how the funds are being used." 

Sec. 68. It is the intent of the General Assembly to include in the continuation 
budget for the 1993-95 fiscal biennium the funds appropriated for the 1992-93 fiscal year 
to provide supplemental funds to low-wealth and small counties to allow those counties 
to enhance the instructional program and student achievement. It is further the intent of 
the General Assembly to adopt a comprehensive formula for the distribution of these 
funds for the 1993-95 fiscal biennium and for subsequent fiscal bienniums. 

Sec. 69. (a) The Legislative Study Commission on Supplemental School Funding 
is created. The Commission shall consist of 12 members: six members appointed by the 
President Pro Tempore of the Senate, at least four of whom are Senators, and six 
members appointed by the Speaker of the House of Representatives, at least four of 
whom are Representatives. 

(b) The President Pro Tempore of the Senate shall designate one Senator as 
cochair and the Speaker of the House of Representatives shall designate one 
Representative as cochair. 

(c) The Commission shall study: 

(1) The manner in which funds are distributed to provide supplemental funds to 
low-wealth and small counties to allow those counties to enhance the 
instructional program and student achievement; 

(2) The manner in which funds are distributed from the Critical School Facility 
Needs Fund to provide school capital fund to counties that have the greatest 



July 8, 1992 



284 



SENATE JOURNAL 



[Second Session 



critical school facility needs in relation to resources available to pay for 
school facility needs; and 
(3) Whether the current methods of allocating the funds are appropriate. 

(d) The Commission shall submit a final report of its findings and 
recommendations to the General Assembly on or before March 1, 1993, by filing the 
report with the President Pro Tempore of the Senate and the Speaker of the House of 
Representatives. Upon filing its final report, the Commission shall terminate. 

(e) The Commission, while in the discharge of official duties, may exercise all 
the powers provided for under the provisions of G.S. 120-19, and G.S. 120-19.1 
through G.S.I 20- 19.4. The Commission may meet at any time upon the joint call of the 
cochairmen. The Commission may meet in the Legislative Building or the Legislative 
Office Building. 

(f) Members of the Commission shall receive subsistence and travel expenses at 
the rates set forth in G.S. 120-3.1, G.S. 138-5, or G.S. 138-6. 

(g) The Commission may contract for professional, clerical, or consultant 
services as provided by G.S. 120-32.02. The Legislative Services Commission, through 
the Legislative Administrative Officer, shall assign professional staff to assist in the work 
of the Commission. The House of Representatives and the Senate's Supervisor of Clerks 
shall assign clerical staff to the commission or committee, upon the direction of the 
Legislative Services Commission. The expenses relating to clerical employees shall be 
borne by the Commission. 

(h) When a vacancy occurs in the membership of the Commission the vacancy 
shall be filled by the same appointing officer who made the initial appointment. 

(i) All State departments and agencies and local governments and their 
subdivisions shall furnish the Commission with any information in their possession or 
available to them. 

Requested by: Senator Ward, 

Representatives Fussell, Payne, Nesbitt, Diamont 
MODIFICATIONS TO APPROPRIATIONS TO THE DEPARTMENT OF 
PUBLIC EDUCATION FOR THE 1992-93 FISCAL YEAR 

Sec. 70. Effective July 1, 1992, Section 6(f) of Chapter 812 of the 1991 Session 
Laws reads as rewritten: 

"(f) Of the funds appropriated to the Department of Public Education for the 1991-93 
fiscal biennium, the funds for the operation and maintenance of the Department of 
Public Instruction, for State aid to nonstate agencies, and for the operation of the State 
Board of Education are as follows: 



DEPARTMENT OF PUBLIC EDUCATION 

TOTAL REQUIREMENTS 

1991-92 





Department of 


Aid to Local 


State Board 


FUND 


Public Instruction 


School Administrative 
Units 


of Education 


1000 


2,276,885 


— 


118,900 


1100 


11,594,516 


— 


— 


1200 


2,542,623 


— 


— 


1300 


4,370,254 


— 


— 


1400 


12,551,101 


— 


16,146 


1500 


2,927,256 


— 


— 


1600 


11,386,980 


— 


17,668 


1700 


— 


— 


— 


1800 


— 


3,199,427,158 


— 


1900 


491,734 


— 


— 


TOTAL 


48,141,349 


3,199,427,158 


152,714 



July 8, 1992 



1992] SENATE JOURNAL 285 

1992-93 

Department of Aid to Local State Board 

FUND Public Instruction School Administrative of Education 

Units 

10 00 2 T 271.969 2.571.969 — 93,900 

1100 11,578,464 — — 

1200 2,543,364 — — 

1300 4,326,584 — — 

1400 12,826,595 — 16,146 

1500 2 T 923.299 6.923.299 — — 

1600 11,281,018 — 17,668 

1700 — — — 

1800 - 3.267.053.217 3.253.680.746 - 

1900 491,734 — — 

TOTAL 1 8 .213.027 52.543.027 3.267.053.217 3.253.680.746 127,714". 

Requested by: Senator Ward, 

Representatives Diamont, Nesbitt, Barnes, Fussell, Payne 
DIFFERENTIATED PAY 

Sec. 71 . (a) Of the funds appropriated to the Department of Public Education, 
Aid to Local School Administrative Units, for the 1992-93 fiscal year, the sum of 
twenty-nine million five hundred thousand dollars ($29,500,000) shall be used for 
differentiated pay for public school employees. 

(b) Each local school administrative unit that voted in accordance with Section 
194 of Chapter 689 of the 1991 Session Laws to continue or modify, in accordance with 
the School Improvement and Accountability Act of 1989, its existing differentiated pay 
plan shall receive two percent (2%) of its State-paid teachers' and administrators' 
salaries, and the employer's contribution for social security and retirement. These funds 
shall be spent in accordance with the differentiated pay plan in effect for the unit. 

(c) Each local school administrative unit that voted in accordance with Section 
194 of Chapter 689 of the 1991 Session Laws for across-the-board bonuses for all 
affected employees shall receive one and fifty hundredths percent (1.50%) of its State- 
paid teachers' and administrators' salaries, and the employer's contribution for social 
security and retirement. 

Within 30 days of the first teacher workday of the 1992-93 school calendar, each 
local board of education shall review and reassess the differentiated pay plan that was in 
effect for the unit for the 1990-91 school year and shall determine whether the plan 
should be reinstated, reinstated with modifications, or replaced with a different plan. 
Within 60 days of the first teacher workday of the 1992-93 school year, the local board 
shall present to affected employees for their review and vote a differentiated pay plan for 
the 1992-93 school year only. The proposed differentiated pay plan shall take effect on 
or after November 1 , 1992. The proposed differentiated pay plan may be a continuation 
or modification of the plan for the 1990-91 school year that was adopted in accordance 
with the School Improvement and Accountability Act of 1989 or it may be a new 
differentiated pay plan developed in accordance with the School Improvement and 
Accountability Act of 1989. The proposed differentiated pay plan shall not be a 
proposal for across-the-board bonuses for all affected employees. 

The vote shall be by secret ballot. All of the certificated instructional staff 
members, instructional support staff members, and certificated administrators who are 
eligible to receive funds for differentiated pay under the School Improvement and 
Accountability Act of 1989 may vote. The local board shall immediately submit the 
option that receives a majority of all the votes cast to the Superintendent of Public 
Instruction for his approval. A differentiated pay plan shall become effective upon the 
approval of the Superintendent. 



July 8, 1992 



286 SENATE JOURNAL [Second Session 

(d) All local school administrative units, including career ladder pilot units, shall 
adopt new differentiated pay plans for the 1993-94 school year, in accordance with the 
School Improvement and Accountability Act of 1989. 

(e) With regard to the amount of State funds appropriated in subsequent fiscal 
years for local school administrative units that were career ladder pilot units, it is the 
intent of the General Assembly that any reductions in appropriations not result in 
teachers receiving less, in salary and State-funded bonus, than they received on a 
monthly basis during the prior fiscal year so long as the teachers qualify for bonuses 
under the local differentiated pay plan. 

(f) Subsections (a) through (c) of this section do not apply to any funds 
appropriated for the career ladder pilot units. 

With regard to a local school administrative unit that resulted from the merger of a 
career ladder pilot unit and another unit, subsections (a) through (c) of this section shall 
apply only to funds received under this section to administer the School Improvement and 
Accountability Act of 1989. 

Requested by: Senators Barnes, Ward, 

Representatives Diamont, Nesbitt, Barnes, Fussell, Payne 
TEACHER SALARY SCHEDULE 

Sec. 72. (a) The Director of the Budget may transfer from the Reserve for Salary 
Increases for the 1992-93 fiscal year funds necessary to implement the teacher salary 
schedule set out in subsection (b) of this section, including funds for the employer's 
retirement and social security contributions and funds for annual longevity payments at 
one percent (1%) of base salary for 10 to 14 years of State service, one and one-half 
percent (1.5%) of base salary for 15 to 19 years of State service, two percent (2%) of 
base salary for 20 to 24 years of State service, and two and one-half percent (2.5%) of 
base salary for 25 years of State service, commencing July 1, 1992, for all teachers 
whose salaries are supported from the State's General Fund. These funds shall be 
allocated to individuals according to rules adopted by the State Board of Education and 
the Superintendent of Public Instruction. The longevity payment shall be paid in a lump 
sum once a year. 

(b)(1) Beginning July 1, 1992, the following monthly salary schedule shall 
apply to certified personnel of the public schools who are classified as 
"A" teachers. The schedule contains 30 steps with each step corre- 
sponding to one year of teaching experience. 

Years of 1992-93 

Experience Salary 

00 $1,982 

01 2,022 

02 2,062 

03 2,103 

04 2,145 

05 2,188 

06 2,232 

07 2,277 

08 2,323 

09 2,369 

10 2,416 

11 2,464 

12 2,513 

13 2,563 

14 2,614 

15 2,666 

16 2,719 

17 2,773 

18 2,828 



July 8, 1992 



1992] SENATE JOURNAL 287 

19 2,885 

20 2,943 

21 3,002 

22 3,062 

23 3,123 

24 3,185 

25 3,249 

26 3,314 

27 3,380 

28 3,448 
29+ 3,517 

(2) Beginning July 1 , 1992, the following monthly salary schedule shall apply to 
certified personnel of the public schools who are classified as "G" teachers. 
The schedule contains 30 steps with each step corresponding to one year of 
teaching experience. 

Years of 1992-93 

Experience Salary 

00 $2,106 

01 2,148 

02 2,191 

03 2,235 

04 2,280 

05 2,326 

06 2,373 

07 2,420 

08 2,468 

09 2,517 

10 2,567 

11 2,618 

12 2,670 

13 2,723 

14 2,777 

15 2,833 

16 2,890 

17 2,948 

18 3,007 

19 3,067 

20 3,128 

21 3,191 

22 3,255 

23 3,320 

24 3,386 

25 3,454 

26 3,523 

27 3,593 

28 3,665 
29+ 3,738 

(3) Beginning July 1 , 1992 , the following monthly salary schedule shall apply to 
certified public school teachers with certification based on academic 
preparation at the six-year degree level. The schedule contains 30 steps 
with each step corresponding to one year of teaching experience. 



July 8, 1992 



288 SENATE JOURNAL [Second Session 

Years of 1992-93 

Experience Salar y 

00 $2,159 

01 2,202 

02 2,246 

03 2,291 

04 2,337 

05 2,384 

06 2,432 

07 2,481 

08 2,531 

09 2,582 

10 2,634 

11 2,687 

12 2,741 

13 2,796 

14 2,852 

15 2,909 

16 2,967 

17 3,026 

18 3,087 

19 3,149 

20 3,212 

21 3,276 

22 3,342 

23 3,409 

24 3,477 

25 3,547 

26 3,618 

27 3,690 

28 3,764 
29+ 3,839 

(4) Beginning July 1 , 1992 , the following monthly salary schedule shall apply to 
certified public school teachers with certification based on academic 
preparation at the doctoral degree level. The schedule contains 30 steps 
with each step corresponding to one year of teaching experience. 

Years of ~ 1992-93 

Experience Salary 

00 $2,211 

01 2,255 

02 2,300 

03 2,346 

04 2,393 

05 2,441 

06 2,490 

07 2,540 

08 2,591 

09 2,643 

10 2,696 

11 2,750 

12 2,805 

13 2,861 

14 2,918 

15 2,976 



July 8, 1992 



1992] SENATE JOURNAL 289 

16 3,036 

17 3,097 

18 3,159 

19 3,222 

20 3,286 

21 3,352 

22 3,419 

23 3,487 

24 3,557 

25 3,628 

26 3,701 

27 3,775 

28 3,851 
29+ 3,928 

(c) The General Assembly finds that it is necessary to have a teacher salary 
schedule based on years of teaching experience that applies consistently to all teachers 
throughout the State; therefore, notwithstanding any other provision of law, the salary 
schedule set out in this section shall apply to all public school teachers within the State 
and no teacher in any local school administrative unit shall be entitled to a State salary or 
a State salary and bonus, except as provided in a local differentiated pay plan, in excess 
of the amount set out in this section. 

(d) The first step of the salary schedule for school psychologists shall be 
equivalent to Step 5, corresponding to five years of experience, on the salary schedule 
established in this section for certified personnel of the public schools who are classified 
as "G" teachers. Certified psychologists shall be placed on the salary schedule at an 
appropriate step based on their years of experience. Certified psychologists shall receive 
longevity payments based on years of State service in the same manner as teachers. 

Requested by: Senator Ward, 

Representatives Fussell, Payne, Nesbitt 
PRELIMINARY SCHOLASTIC APTITUDE TEST OPPORTUNITIES 

Sec. 73. The State Board of Education may allocate up to five hundred twenty- 
five thousand dollars ($525,000) of the funds available for aid to local school 
administrative units for the 1992-93 fiscal year to give students the opportunity to take 
the Preliminary Scholastic Aptitude Test, as authorized in G.S. 115C-174.18. 

It is the intent of the General Assembly to put funds for this purpose in the 
continuation budget for the 1993-95 fiscal biennium. 

Requested by: Senators Warren, Ward, 

Representatives Fussell, Payne, Rogers, Diamont, Barnes 
PUBLIC SCHOOL TUITION STUDY/OUT-OF-STATE STUDENTS 

Sec. 74. The Joint Legislative Education Oversight Committee shall study the 
issue of requiring out-of-state students who attend public schools in North Carolina to 
pay the full cost of their education. The Committee shall report the results of its study to 
the 1993 General Assembly. 

Requested by: Senators Barnes, Perdue, Ward, 

Representatives Barnes, Fussell, Payne, Diamont, Nesbitt 
MANAGEMENT FLEXIBILITY FOR LOCAL BOARDS OF EDUCATION 
AND INDIVIDUAL SCHOOLS 

Sec. 75. (a) The General Assembly finds that it is appropriate to consolidate 
certain funding categories in the Public School Fund; therefore, 32 of the existing 
funding categories in the Public School Fund are combined into 14 categories as follows: 

(1) 6602 - Asst Superintendent 
6612 - Supervisors 

(2) 6603 - Clerical Asst 

6627 - Clerical School Based 



July 8, 1992 



290 SENATE JOURNAL [Second Session 

(3) 6614 - Substitute Pay 

6303 - Substitute Pay-Voc Ed 

(4) 6684 - Instruction Equipment 
6623 - Instruction Supplies 
6644 - Testing Support 

(5) 5400 - Driver Education Cars 
6657 - Driver Education 

(6) 6636 - Alcohol/Drug Abuse Prev 
6635 - Alcohol/Drug Defense 
6630 - Substance Abuse Counselor 

(7) 6659 - Staff Development 

6691 - Staff Dev-Finance Officer 
6617 - Staff Dev-Child Nutr Supr 

(8) 6670 - Exceptional Children 
6696 - Except Child Related Ser 

(9) 6610 - Bus Driver 

6611 - Transportation Personnel 

(10) 6624 - Tires, Repair Parts 

6625 - Fuel-Buses 

6626 - Transportation-Other Exp 

(11) 6619 - Social Security 

6304 - Soc Security-Voc Ed 

(12) 6618 - State Retirement 

6305 - State Retirement-Voc Ed 

(13) 6615 - Medical Insurance 

6306 - Medical Insurance- Voc Ed 

(14) 6669 - Longevity 

6347 - Longevity-Voc Ed 

(b) The following four funding categories are transferred from the Public School 
Fund to Fund 1900 - Reserves and Transfers: 

(1) 6991 - Health Adventure 

(2) 6992 - Cued Speech Center 

(3) 6993 - Public School Forum 

(4) 8180 - Children's Trust Fund. 

(c) The Office of State Budget and Management shall retain the funding 
categories for the Public School Fund not combined or transferred by subsections (a) and 
(b) of this section and shall reorganize them in a more rational and orderly manner. 

(d) The following two funding categories are transferred from the Department of 
Public Instruction to Fund 1900 - Reserves and Transfers: 

(1) 8128 - Teaching Fellows 

(2) 8171 - Prospective Teacher Loan. 

Sec. 75.1. (a) G.S. 115C-238.1 reads as rewritten: 
"§ 115C-238.1. Performance-based Accountability Program; development 
and implementation by State Board. 

The General Assembly believes that all children can learn. It is the intent of the 
General Assembly that the mission of the public school community is to challenge with 
high expectations each child to learn, to achieve, and to fulfill his or her potential. With 
that mission as its guide, the T-ke-State Board of Education shall develop and implement 
a Performance-based Accountability Program. The primary goal of the Program shall 
be to improve student performance. The State Board of Education shall adopt: 

(1) Procedures and guidelines through which, beginning with the 1990-91 fiscal 
year, local school administrative units may participate in the Program; 

(2) Guidelines for developing local school improvement plans with thre e- to - 
fivo year three-year student performance goals and annual milestones to 
measure progress in meeting those goals; and 



July 8, 1992 



1992] SENATE JOURNAL 291 

(3) A set of student performance indicators for measuring and assessing student 
performance in the participating local school administrative units. These 
indicators may include attendance rates, dropout rates, test scores, parent 
involvement, and post-secondary outcomes." 
(b) G.S. 115C-238. 3 reads as rewritten: 
"§ 115C-238.3. Elomont s Development of local plans; elements of local 
plans. 

(a) Development of svstemwide plan bv the local board of education. — The board of 
education of a local school administrative unit that elects to participate in the Program 
shall develop and submit a local school improvement plan for the entire l ocal school 
administrative unit to the State Superintendent of Public Instruction before April 1 5 of the 
fiscal year preceding the fiscal year in which participation is sought. The local board of 
education shall actively involve a substantial number of teachers, school administrators, 
and other school staff in developing the local school improvement plan. 

A svstemwide improvement plan shall rem ain in effect for no more than three years. 

(h^ Establishment of student performance goals bv the local board of education for the 
svstemwide plan. — The looal school improvement plan shall sot forth (T) tho The local 
board of education shall establish student performance goals established by the local 
board of education for the local school administrative unit and (ii) tho unit's strategies 
nnd plans for attaining them, unit. The local board of education shall actively involve an 
advisory panel composed of a substantial number of teachers, school administrators, 
other school staff, and parents of children enrolled in the local school administrative 
unit, in developing the student performance goals for the local school improvement plan. 
It is the intent of the Ge neral Assembly that teachers have a maior role in developing the 
student performance goals for the local school improvement plan; therefore, at least half 
of the staff members participating in this advisory panel shall be teachers. The teachers 
in the local school adm inistrative unit shall select the teachers who are involved in the 
advisory panel. 

The performance goals for the local school administrative unit shall address specific, 
measurable goals for all student performance indicators adopted by the State Board. 
Factors that determine gains in achievement vary from school to school; therefore, 
socioeconomic factors and previous student performance indicators shall be used as the 
basis of the local school improvement plan. 

(bl) Development by each school of strategies for attaining local student performance 
goals. — Tho strategics for attaining tho local student performanc e goals shall bo based 
on plans for each individual school in th e local school administrative unit. The principal 
of each school and his staff school, representatives of the building-level staff, and 
parents of children enrolled in the school shall develop a building-level plan to address 
student performance goals appropriate to 4fee that school from those established by the 
local board of education. These strategies may include requests for waivers of State 
laws, regulations, or policies for that school. A request for a waiver shall (i) identify the 
State laws, regulations, or policies that inhibit the local unit's ability to reach its local 
accountability goals, fin set out with specificity the circumstances under which the 
waiver may be used, and (jjj) explain how a waiver of those laws, regulations, or policies 
will permit the local unit to reach its local goals. 

Su pport among affected staff members is essential to successful implementation of a 
building-level plan to address student performance goals appropriate to a school: 
therefore, the principal of the school shall present the proposed building-level plan to all 
of the staff assigned to the school building for their review and vote. The vote shall be bv 
secret ballot, The principal may submit the building-level plan to the local board of 
education for inclusion in the svstemwide plan only if the proposed building-level plan 
has the approval of a majority of the staff who voted on the plan. 

The local board of educatio n shall accept or reject the building-level plan. The local 
board shall not make any substantive changes in any building-level plan that it accepts: 
the local board shall set out anv building-level plan that it accepts in the svstemwide 



July 8, 1992 



292 SENATE JOURNAL [Second Session 

plan. If the local board rejects a building-level plan, the local board shall state with 
s pecificity its reasons for rejecting the plan: the principal of the school for which the plan 
was reject ed, representatives of the building-level st aff, and parents of children enrolled 
in the scho ol mav then prepare another plan, present it to the building-level staff for a 

vote, and s ubmit it to the local board for inclusion in the svstemwide plan. If no 

building-level plan is accepted f or a school before March 15 of the fiscal year preceding 
the fiscal vear in whic h participation is sought, the local board mav develop a plan for the 
school for inclusion in the svstemwide plan: the General Assembly urges the local board 
to utilize the proposed building-level plan to the maximum extent possible when 
developing such a plan. 

(c) Development bv each school of a differentiated pay plan for that school: 
developme nt bv the local board of education of a differentiated pav plan for central office 
personnel. — 

(1) The local school administrative unit shall consider a plan for differentiated 
pay. The local plan shall include a plan for differentiated pay, in 
accordance with G.S. 115C-238.4, unless the local school administrative 
unit elects not to participate in any differentiated pay plan. 
iZX The principal of each school . representatives of the building-level staff, and 
parents of children enrolled in the school shall develop a building-level 
differentiated pav plan for the school when thev develop their building-level 
plan to address student performance goals appropriate to the school. 

Support among affeSlSd staff members j s essential to sycpessfu) 
implementation of a building-level differentiated pav plan: therefore, the 
principal of the school shall present the proposed building-level plan to all 
of the staff eligible to receive differentiated pay, in accordance with G.S. 
115C-238.4fa). for their review and vote. The vote shall be bv secret 
ballot, The Principal may submit the byjlding-level differentiated paj plan 

to the local board <?f education only if the proposed building-level 
differentiated pay plan has the approval of a majority o f the staff who voted 
on t h e plan, 

The local board of education shall accept or reject the building -level 
differentiated pay plan, The l ocal board sha ll not make any substantive 
changes in anv building-level plan that it accepts: the local board shall set 
put any building-level plan that it accepts i n the syste mwjde dif ferentiated 
pav plan. If the local board rejects a building-level plan, the local board 
shall state with specificity its reasons for rejecting the plan: the principal of 
the school for which the plan was rejected, representatives of the building- 
level staff, and parents of children enrolled in the school mav then prepare 
another plan, present it to all of the staff eligible to receive differentiated 
pav. in accordance with G.S. 115C-238.4fa;). for a vote, and submit it to 
the local board for inclusion in the svstemwide plan. If no building-level 
pl an i s accepted for a sch ool b efore Ma rch 1 5 o f t he fisca l ye a r preced ing the 
fiscal vear in which participation is sought, the local board mav develop a 
plan for the school building for inclusion in the svstemwide plan: the 
General Assembly urges the local board to utiliz e the proposed building- 
level plan to the maximum extent possible when developing such a plan- 

£3_). The local board of educat ion s h all develo p a plan for differentiated pay for 
all central office personnel eligible to receive differentiated pav. in 
accordance with G.S. 115C-238.4(a^l. and shall include the plan in the 
syst emwjde differentiated pa y plan- 

XI). A svstemwide differentiated pav plan shall remain in effect for no more than 
three years. At the end of three years, a plan to continue, discontinue, or 
modify that differentiated pay plan shall be developed in accordance with 
subdivisions (2) and (3) of this subsection, 



July 8, 1992 






1992] SENATE JOURNAL 293 

(d) Tho local plan may inoludo a request for a waiver of State laws, regulations, or 
policies. The request for a waiver shall identify the State laws, regulations, or policies 
that inhibit tho local unit's ability to reach its local accountability goals and shall explain 
how a waiver of those laws, regulations, or policies will permit tho local unit to reach its 
local goals. " 

(c) G.S. 115C-238. 4 reads as rewritten: 
"§ 115C-238.4. Differentiated pay. 

(a) Local school administrative units may include, but are not required to include, a 
svstemwide differentiated pay plan for certified instructional staff, certified instructional 
support staff, and certified administrative staff as a part of their local school 
improvement plans. Units electing to include differentiated pay plans in their school 
improvement plans shall base their differentiated pay plans on: 

(1) Tho Cnroor Development Pilot Program, G.S. 115C - 363 ot soq. : A career 
development pilot program: 

(2) Tho Load Teacher Pilot Program, G.S. 115C - 363.2 8 ot soq.; A lead 
teacher pilot program; 

(3) A locally designed school-based performance program, subject to 
limitations and guidelines adopted by the State Board of Education; 

(4) A differentiated pay plan that the State Board of Education finds has been 
successfully implemented in another state; or 

(5) A locally designed plan including any combination or modification of the 
foregoing plans. 

A differentiated pav plan mav also authorize the use of State differentiated pay funds for 
staff development and planning activities and for paving substitute teachers as is 
necessary to provide time for staff development and planning activities. 

(b) Support among aff e ct e d staff members is essential to successful impl e m e ntation of 
a differentiated pay plan; thoroforo, a local board of education that decides that a diff e r - 
e ntiat e d pay plan should be includ e d in its local school improv e ment plan shall present a 
proposed differentiated pay plan to affected staff members for their review and vote. The 
voto shall bo by secret ballot. Tho local board of education shall include the proposed 
differentiated pay plan in its local school improvement plan only if tho proposed plan ha s 
tho approval of a majority of tho affected paid cortificatod instructional and instructional 
support staff and a majority of th e affected certificated administrators. 

Every throe yoars after a differentiated pay plan receives such approval, tho local 
board of education shall pr e s e nt a proposed plan to continue, discontinu e , or modify that 
differentiated pay plan to aff e cted staff members for their review and vote. Tho vot e shall 
bo by secret ballot. Tho local board of education shall include tho proposed plan in its 
local school improvement plan only if tho propos e d plan has the approval of a majority of 
the affected paid certificated instructional and instructional support staff and a majority 
of tho affootod cortificatod administrators. 

Differentiated pav plans shall be developed and voted on in accordance with G.S. 
115C-238.3fc^. 

■(e) — Local school administrativ e units electing to participate in a differentiated pay 
plan shall receive State funds according to tho terms of tho plan but not to oxcood: 

m- 1990-91: two percent (2%) of toachor and administrator salaries, and tho 

e mployer's contributions for social s e curity and retirement; 
{£)• 1991 - 92: three percent (3%) of toachor and administrator salaries, and tho 

e mploy e r's contributions for social security and r e tir e m e nt; 
{£)- 1992 - 93: four percent ( 4 %) of toachor and administrator salaries, and the 

employer's contributions for social security and retirement; 
-(4)- 1993 - 94: five and one - half percent (5 1/2%) of toachor and administrator 
salaries, — &¥*4 — {he — employer's — contributions — for social — security — an4 
retirement; and 



July 8, 1992 



294 SENATE JOURNAL [Second Session 

{5} 1994 - 95 and thereafter: sovon percent (7%) of toachor and administrator 
salari e s, — a-ftd — the — e mployer's — contributions — fe* — social — s e curity — a«4 
retirement. 
Any differentiated pay plan developed in accordance with this section shall be 
implemented within State and local funds available for differentiated pay. 

(d) Attainment of th e e quival e nt of Career Status I shall bo reward e d through a now 
salary schedule that provid e s a salary differential when a certified e ducator successfully 
completes his probationary period. 

(e) Any additional compensation received by an employee as a result of the unit's 
participation in the Program shall be paid as a bonus or supplement to the employee's 
regular salary. If an employee in a participating unit does not receive additional 
compensation, such failure to receive additional compensation shall not be construed as 
a demotion, as that term is used in G.S. 115C-325. 

Payments of bonuses or supplements shall be made no more frequently than once every 
calendar quarter: Provided, however, prior to the 1994-95 school year, payments in the 
career development pilot units may be made on a monthly basis. 

(f) If a local school administrative unit bases its differentiated pay plan on a locally 
designed school-based performance program, pursuant to subdivision (a)(3) of this 
section, the plan shall provide that following the attainment of the local school goals, the 
local board of education shall make a determination of which certified staff members 
contributed to the attainment of those goals. Differentiated pay bonuses shall then be 
distributed to those designated employees. The local board of education shall make the 
determination upon recommendation of (i) the superintendent and (ii) any other person 
or committee designated in the local differentiated pay plan. The other person or 
committee designated in the local differentiated pay plan may be the principal, a school- 
based committee, or any other person or local committee." 

(d) G.S. 115C-238. 6 reads as rewritten: 
"§ 115C-238.6. Approval of local school administrative unit plans by the 
State Superintendent; conditions for continued participation. 

(a) Prior to June 30 each year, the State Superintendent shall review local school 
improvement plans submitted by the local school administrative units in accordance with 
policies and performance indicators adopted by the State Board of Education. If the 
State Superintendent approves the plan for a local school administrative unit, that unit 
shall participate in the Program for the next fiscal year. 

If a local plan contains a request for a waiver of State laws, regulations, or policies, in 
accordance with G .S. 115C - 23 8 .3(d) G.S. 1150238.3(bl). the State Superintendent 
shall determine whether and to what extent the identified laws, regulations, or policies 
should be waived. The State Superintendent shall present that plan and his 
determination to the State Board of Education. If the State Board of Education deems it 
necessary to do so to enable a local unit to reach its local accountability goals, the State 
Board, only upon the recommendation of the State Superintendent, may grant waivers 
of: 

(1) State laws pertaining to class size, teacher certification, assignment of 
teacher assistants, the use of State-adopted textbooks, and the purposes for 
which State funds for the public schools, except for funds for school health 
coordinators, may be used: Provided, however, the State Board of 
Education shall not permit the use of funds for teachers for expanded 
programs under the Basic Education Program for any other purpose; 

(2) All State regulations and policies, except those pertaining to State salary 
schedules and employee benefits for school employees, the instructional 
program that must be offered under the Basic Education Program, the 
system of employment for public school teachers and administrators set out 
in G.S. 115C-325, health and safety codes, compulsory school attendance, 
the minimum lengths of the school day and year, and the Uniform 
Education Reporting System. 



July 8, 1992 



1992] SENATE JOURNAL 295 

Waivers shall be granted only for the specific schools for which thev are requested in 
building-level plans and shall be used only under the specific circumstances for which 
thev are requested. 

(b) Local school administrative units shall continue to participate in the Program and 
receive funds for differentiated pay, if their local plans call for differentiated pay, so long 
as (i) they demonstrate satisfactory progress toward student performance goals set out in 
their local school improvement plans; or (ii) once their local goals are met, they continue 
to achieve their local goals and they otherwise demonstrate satisfactory performance, as 
determined by the State Superintendent in accordance with guidelines set by the State 
Board of Education. 

If the local school administrative units do not achieve their goals after two years, the 
Department of Public Instruction shall provide them with technical assistance to help 
them meet their goals. If after one additional year they do not achieve their goals, the 
State Board of Education shall decide what steps shall be taken to improve the education 
of students in the unit." 

(e) G.S. 115C-12(9) is amended by adding a new sub-subdivision to read: 
" (9) Miscellaneous Powers and Duties. — All the powers and duties exercised by 
the State Board of Education shall be in conformity with the Constitution 
and subject to such laws as may be enacted from time to time by the General 
Assembly. Among such duties are: 

a. To certify and regulate the grade and salary of teachers and other 
school employees. 

b. To adopt and supply textbooks. 

c. To adopt rules requiring all local boards of education to implement the 
Basic Education Program on an incremental basis within funds appro- 
priated for that purpose by the General Assembly and by units of local 
government. Beginning with the 1991-92 school year, the rules shall 
require each local school administrative unit to implement fully the 
standard course of study in every school in the State in accordance with 
the Basic Education Program so that every student in the State shall 
have equal access to the curriculum as provided in the Basic Education 
Program and the standard course of study. 

The Board shall establish benchmarks by which to measure the 
progress that each local board of education has made in implementing 
the Basic Education Program. The Board shall report to the Joint 
Legislative Education Oversight Committee and to the General 
Assembly by December 31, 1991, and by February 1 of each 
subsequent year on each local board's progress in implementing the 
Basic Education Program, including the use of State and local funds for 
the Basic Education Program. 

The Board shall develop a State accreditation program that meets 
or exceeds the standards and requirements of the Basic Education 
Program. The Board shall require each local school administrative unit 
to comply with the State accreditation program to the extent that funds 
have been made available to the local school administrative unit for 
implementation of the Basic Education Program. 

The Board shall use the State accreditation program to monitor the 
implementation of the Basic Education Program, 
cl . To issue an annual 'report card' for the State and for each local school 
administrative unit, assessing each unit's efforts to improve student 
performance and taking into account progress over the previous years' 
level of performance and the State's performance in comparison with 
other states. This assessment shall take into account demographic, 
economic, and other factors that have been sh